Appeals
The appeals process is used in cases where one party believes that the trial court has made an error in their decision.
Commonly appealed decisions in a divorce case are those relating to child custody, child support, the division of assets or debts, or an alimony award.
Whether you are seeking to appeal a court’s decision or defending an appeal, contact our experienced attorney team immediately to discuss your rights and options, as the appellate process is complex and requires strict observance of procedural rules.
Process
Before appealing a court’s decision, the attorneys at Koenig|Dunne will evaluate your case to ensure it is suitable for appeal. Your attorney will discuss the pros and cons of filing an appeal and advise what you can expect during the appeal process.
If the order you wish to appeal is final and appealable, the next step is filing a notice of appeal and paying the associated filing fees.
In Nebraska, to appeal a decision by the trial court, a notice of appeal must be filed within 30 days. After the notice of appeal is filed and the docket fee is paid, a trial record will be provided to the appellate court, and the attorneys will write and file briefs.
Our attorneys at Koenig|Dunne are skilled appellate brief writers. A brief is a required written document which sets forth the facts of the case, the errors made by the trial court, relevant case law to support your argument, and references previous court filings, evidence, and testimony.
Finally, if required, your appellate attorney will make oral argument to members of the Court of Appeals to answer any questions the appellate judges may have after reading both parties’ written briefs.
To learn more about the appeals process, read our blogs about the Appellate Process Part I and the Appellate Process Part II.
If you need help appealing an unjust decision or defending an appeal in your case, contact us today to schedule an initial consultation and our attorneys will help you navigate the Nebraska Appellate process and advocate for your best outcome.