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To pursue an appeal, a lawyer has to get and review the entire court file and trial transcript. All of that costs money. Appeals take a lot of time. Not only does it take time for both lawyers to do all of the work necessary in an appeal usually this part takes many, many months , but it also takes the Appellate Court a considerable amount of time to review all of the briefs, schedule and hold oral arguments, and then issue a ruling.
Appeals prolong your litigation. Appealing your case keeps it alive.
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It keeps you mired in conflict and uncertainty. It keeps you and your spouse locking horns as adversaries, rather than allowing you to start to recover and heal.
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In short, it keeps you focused on the misery of the past, rather than allowing you to move forward into the hope and new life of your future. Sometimes, judges make mistakes. What do you do then? Appeals may not always be easy to win, but they are not always lost either. But, before you do, make sure you go into the appellate process with your eyes wide open.
Make sure you talk to at least one lawyer and preferably two about your chances of success before you decide to appeal.
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Get a realistic estimate of the time and cost involved, then weigh that time and cost against what you stand to gain if you are successful on appeal. That means that winning the appeal may not end your case. Deciding whether to appeal your case is complicated. But, know that appealing a case is just as risky as trying it. You are still putting your fate, and the fate of your family, in the hands of strangers. How will it turn out? In true lawyer fashion, I will tell you honestly: it depends.
Cordell & Cordell understands the concerns men face during divorce.
Karen started her legal career as a trial lawyer almost 30 years ago, and with decades of experience seeing how the court system works, is now firmly committed to helping people resolve their disputes outside of the court system as much as possible. As a divorce lawyer and educator, Karen helps people Read More Find me on Twitter. Interesting insight.
While most decisions can be appealed, the likelihood of success depends on the issues and the final order that the judge signed. During our initial review, we can determine if we think your case has merit to appeal. We make sure to review the benefits analysis on whether or not an appeal is the best route to achieve your goals.
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Once we determine if the appeal has strong merit, our Jacksonville family law appeal lawyers can advise you on how to proceed in the judicial system. You can rest assured that we have the skills and familiarity with appellate work that most trial attorneys do not have.
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