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Appeals

Family Law, Criminal Defense & Civil Litigation Appeals

appeals

The Drexler Law Group can handle your appeal of a district court judge’s ruling and can assist you with reviewing a magistrate judge’s ruling.

  • If you have been told or believe a judge has misapplied the law, committed an error, or abused his or her discretion in your family law matter, you may appeal the decision to the Colorado Court of Appeals.
  • In some cases, you can also prepare a Motion for Reconsideration, asking the Court to reconsider its prior ruling. While not a required step to an appeal, depending on your circumstances, it may be a worthwhile effort that could avoid the more expensive and lengthier civil appeal process.

Certain concrete deadlines exist when pursuing an appeal.

  • Not only do you need to alert the Court of Appeals and serve the District Court, you must also file an advisory list of issues you intend to appeal.
  • Appeals are focused on legal errors or the misapplication of law to a set of facts. Appeals are not intended to address an instance where the other party lied.
  • Appellate practice requires perseverance and attention to detail.

The Drexler Law Group is dedicated to pursuing your appeal and will analyze the appellate issues from several angles to maximize your chance at prevailing. If you are notified that a favorable decision is being appealed, The Drexler Law Group can assist you in aggressively defending the trial court’s ruling.

  • Sometimes, a party will file an appeal simply to preserve a deadline and then try to work out a resolution prior to submitting the Opening Brief in the appeal.
  • We will advise you whether real appellate issues exist or whether the appeal is being used as a bluff to trick you into modifying an already favorable order.

The appeals process is not quick. This is frustrating to be sure. However, if a real legal issue exists, it should be appealed; otherwise, the court will continue to apply bad law or misapply the law to your case, which can affect you for years or decades.

The Appeals Process

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Once a Notice of Appeal is filed, the trial court has a brief period of time to transmit or forward the official record on appeal to the Court of Appeals. The Court of Appeals will then establish deadlines for the submission of the three main pleadings filed:

  1. The Opening Brief filed by the party choosing to appeal the order,
  2. An Answer Brief filed by the party resisting the appeal and trying to enforce the trial court’s original order and
  3. A Reply Brief filed by the appealing party that is intended to address any argument raised in the Answer Brief.

At times when both parties believe that the court committed an error of law, the responding party can also file a Cross-Appeal.

A party appealing or defending an appeal can request a hearing (called an oral argument) in which the attorneys will appear before the Court of Appeals to argue for their clients’ respective positions. Following the oral argument, the panel of the Court of Appeals hearing the case will deliberate or consider the arguments made in the appeal pleadings and oral argument and will issue a formal opinion indicating whether the trial court did in fact enter an inappropriate final order.

  • The appellate court does not take new evidence or address any issue that was not first raised in the trial court.
  • Instead, the appellate court may refer the case back to the trial court with instructions on how to proceed to avoid the same error.
  • This process, called “remand,” involves a mandate or order from the Court of Appeals to the trial court.

Given the complexities of appellate practice and the procedural requirements of appeals, retaining The Drexler Law Group will give you the confidence and peace of mind knowing that your appeal is being pursued and that you have a group of sharp, legal minds working behind the scenes for you and your appeal.

Similarly, our attorneys have handled criminal law appeals and can assist those defending themselves from unjust application of our criminal justice system. See our Criminal Defense section for additional information.

If either party disagrees with the appellate court’s decision, that party may ask that same court to rehear the matter or may ask the Colorado Supreme Court to review the decision. If the Colorado Supreme Court accepts your petition (and it doesn’t have to), the process is largely the same as the first appeal process but usually takes less time.

How we can help with appealsappeals_3_300

If you think the court has made a mistake in your family law, criminal or civil case, don’t hesitate to contact The Drexler Law Group as soon as possible.

  • We will arrange a time to discuss your matter and provide a preliminary analysis of your appeal or options for reconsideration.
  • We also provide scaled representation in which we can evaluate the merits of your case in more detail before pursuing a full appeal.

This service is affordable and allows our clients to see the real legal issues and the arguments to support the appeal before making the decision to commit additional resources.

  • Other firms may require you to pay for the full amount of the appeal up front.
  • We have found that this simply encourages the attorney to file the appeal and make arguments that actually deter from the main, more persuasive arguments to pursue on appeal.

So, for a straightforward, honest analysis of your appellate options, contact The Drexler Law Group.

Civil Appeals

The trial verdict in a civil case may not be the final outcome of the case. Many decisions are reversed, overturned or referred back to the trial court after the appeal process.

The lawyers at The Drexler Law Group possess all of the tools necessary to provide superior service in the area of civil appellate law.

  • The appeals process is often very complex, and the judge’s decision may hinge on a seemingly small detail.
  • It is important to have an attorney on your side who understands how to manipulate these details to achieve your desired outcome.

We handle all of our appellate work personally, providing us an advantage over other law firms who do not do their own appeals. We can start compiling information and points of law for use in the appellate process during the trial, so that we are fully prepared in the event that an appeal is necessary.

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The knowledge you expect,
The compassion you deserve.

We appreciate that you are looking for dedicated and zealous representation and someone to fight for your rights. When you call The Drexler Law Group, that's exactly what you'll get. The attorneys and staff at The Drexler Law Group are friendly, experienced and professional. We are client-centered, results-focused and loyal advocates for our clients.

Don't hesitate to contact us immediately to schedule a consultation. You can call us at (719) 471-8000, or email us at info@drexlerlawgroup.com.