Appeals

Where do you turn when you are not happy with the outcome of your case? Perhaps your ex-spouse decides they are not satisfied with the trial result and want to challenge the decision? The appeal process begins here, and it can be a complicated process to navigate.

Either party may appeal a case, and when both sides want to challenge the trial court decision, one appeals it (and is the appellant) and the other cross-appeals (the appellee and cross-appellant). A party must believe they have the grounds or basis for an appeal. The other side may disagree. But it does not matter what the two parties think, because in the end, merely being unhappy with the result is not enough for an appeals court to review or change the decision.

For an appeal to move forward, the appellant must file a notice in the district court, and they must order, and pay for, the trial transcript. The transcript is the written record from the original trial. The appellant must submit a written brief that sets forth all of their arguments and refers to evidence in the trial record (testimony and exhibits) to support these arguments. The appellee then submits its brief. An Iowa appellate court will carefully review the briefs and the trial record and may grant oral arguments in the appeal. The appellate court will then issue its own decision in the case.

CashattWarren has over 25 years of experience practicing before Iowa appellate courts on the full range of family law issues – custody, visitation, property (business valuation, gifted, and inherited), alimony, child support, and college support. We can give you an honest assessment of your potential appeal strength to help you make an informed decision about moving forward.

Time and costs also come into consideration when thinking about whether to pursue an appeal. One can take a lot of time from start to finish (when the appellate court issues its decision), and they require hours of research and time to structure and draft written briefs and prepare for oral argument. It equates to time and money on your part. And, Iowa appellate courts prioritize cases with certain issues. When you discuss your appeal with us, we will give you open feedback about the process's timing and cost so you can consider that when deciding on the best path forward for your situation.

Should you decide to move forward, the team at CashattWarren will use our years of experience and expertise to help determine the issues that will give you the best chance of success at the appellate level. We will be there to help guide you through the process and explain what to expect each step of the way. If you think an appeal of your case may be necessary, then give us a call today at 515.421.9290 to get the process started. We will put a plan in place to thoroughly review the trial court decision and help get you the best possible outcome based on the facts of your case.

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