Westport Family Law Appellate Lawyer

Every Connecticut litigant has the right to appeal a final trial court judgment. In divorce cases, litigants most often challenge financial orders, but they may also challenge custody or visitation rulings when warranted. You must file an appeal within twenty days after the court issues notice of its decision. If you disagree with a ruling or do not understand its impact, consult experienced appellate counsel immediately. If your former spouse files an appeal, a Westport family law appellate lawyer can protect your rights and defend your position throughout the process.

Automatic Stay of Trial Court Orders During an Appeal

After a party files an appeal, the automatic stay may pause enforcement of certain trial court orders. During the appeal, the trial court cannot enforce the challenged orders unless it terminates the stay. The court may lift the stay on its own motion or after either party files a request. The Appellate Court, not the trial court, makes the final determination on whether the stay should remain in effect. A party who objects to the termination of a stay may seek immediate review by the Appellate Court. Our firm also represents clients in disputes involving automatic stays while an appeal remains pending.

Standards of Review Applied by the Appellate Court

The likelihood of success on appeal is largely determined by the level of scrutiny applied by the Appellate Court. The Appellate Court has broader authority to overturn a trial court’s decision when the decision rests upon a question of law, such as a question of statutory interpretation. This is referred to as plenary review. Issues concerning factual findings by the trial court or any other decision where the court has the discretion to enter an order as it sees fit is governed by the abuse of discretion standard of review. Unlike plenary review, the Appellate Court will defer or give the benefit of the doubt to the considerations and determinations made by the trial court. The attorneys at Broder Orland Murray & DeMattie LLC can review your case to tell you which standard of review would apply to the issues presented on appeal.

What to Expect in the Connecticut Appellate Process

Unlike the trial court, the Appellate Court does not seek or require new evidence or testimony. At this level, each party resolves the case by submitting well-researched briefs and presenting oral argument before the Appellate Court. In addition to reviewing the trial court’s decision, appellate counsel must review the trial transcripts and examine the exhibits presented to the trial court judge. After the parties submit all briefs, the Appellate Court schedules oral argument before a panel of Appellate judges. At the Appellate Court, the panel typically consists of three judges. At the Supreme Court, the panel consists of seven justices.