If the Court entered an Order following its consideration of the motions, and your letter, then yes, you can appeal. You need to be careful that you do so within the appropriate guidelines and time frames for appealing a Trial Court decision. There are both appeals as of right and Notice of Motion for Leave to Appeal, depending on whether the Order issued by the Trial Court was final or interlocutory (interim). You should speak with an experienced family law attorney who has done significant Appellate Court work who can review the Orders, and the legal issues, and advise you accordingly.
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I agree with my colleague and would like to add that you must be mindful of the deadlines for filing your appeal. You should also seek the guidance and assistance of an experienced family law attorney in filing your appeal.
The information above should not be considered to be legal advice. Rather, it is intended for educational purposes only. The information provided does not constitute a contract for legal services between any parties. Please further note that the answers given are based on the facts provided. There may be additional facts not mentioned which might change the legal issues or consequences.
You can appeal, but appeals are complicated and governed by strict rules and time limits. Not something that should be handled on a pro se basis. Think about it. You've represented yourself so far, how has that worked?
Appeals are more complicated, and there is more legal analysis to be applied. Don't go it alone, and act fast!
Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.
In order to obtain relief from an order or judgment from a trial court judge, you may file a motion to reconsider or an appeal. However, you cannot file a motion to reconsider an order that was entered as a result of a motion for reconsideration. A timely motion to reconsider will result in tolling the statute of limitations to file an appeal.
Motions to reconsider must be filed no later than 20 days from receipt of the order. It does not matter what the date of the order is, but rather the date that you receive the order, if they are different. In order to succeed on a motion to reconsider, you must demonstrate that the trial court judge entered his or her decision on a “palpably incorrect or irrational basis” or failed to consider the significant probative evidence presented.
Appeals must be filed no later than 45 days from the date of the order. The appellate division will review a trial court judge’s findings of law “de novo,” i.e. with no deference. On the other hand, the appellate division will, for the most part, give discretion to a trial court judge’s findings of fact and credibility, and only grant relief from them if the appellate division finds that they are the result of an abuse of discretion.
There generally are always bases to seek relief from an order or judgment of the trial court. It is important that you meet with some experienced family law attorneys right away to discuss the specific facts of your case and find out what rights you may have and what potential bases for reconsideration and/or appeal you may have. Failure to file for relief with the court within the time frames prescribed by the court rules set forth above may forever bar you from doing so, so it is crucial that you schedule some consultations with experienced family law attorneys right away.
Additionally, below are links to articles and information that may assist you with your case.
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