Appeals

If there is an error of fact or law in a trial court decision, an appeal is an option. It is necessary to obtain a transcript of the proceedings to start as errors have to be documented in the record and references made to the record in appellate briefs. On average, it can take a year for an appeal to be decided so it is not a quick remedy.

Generally final orders are available for appeal. However, there are some other less common appellate options, such as original proceedings to the supreme court, interlocutory appeals of some temporary orders, and appeals involving a “controlling legal issue”. C.A.R. 21, C.R.S. § 13-4-102.1. A final judgment is one that disposes of the entire litigation, leaving nothing further for the trial court to do but execute on the judgment." Additionally, the judgment must be in writing, dated, and signed by the court. Permanent orders must also resolve any attorney fee issues. C.R.S. § 14-10-119. Post-decree proceedings can also be appealed.

Exceptions to the final order appellate requirement are temporary orders for maintenance, child support and attorney fees. In post-decree proceedings, a motion judgment is usually final. Contempt of court orders are also appealable when a sanction is imposed. C.R.C.P. 107(f). It should be kept in mind that temporary child support and maintenance awards can be modified at permanent orders as well as in a post-decree action, and those remedies are typically speedier than an appeal.

The notice of appeal must be filed in the court of appeals within 49 days from the date of the final order. C.A.R. 4. A C.R.C.P. 59 motion, if filed within 14 days of the final order, delays the time for appeal. C.R.C.P. 59(a), C.A.R. 4(a). If a C.R.C.P. 59 motion is not decided within 63 days, the motion is considered to be denied. C.R.C.P. 59(j). Once the motion is decided or deemed denied, the appellate filing timeline begins.

A appellant must raise issues in the trial court to preserve them for appeal. The appellant must identify in the appellate brief where an issue was preserved. C.A.R. 28. Both a notice of appeal and a copy of the designation of transcripts should be filed in the trial court and the court of appeals. The notice of appeal establishes jurisdiction in the court of appeals. The notice must identify the order on appeal and address the timeliness of the notice. The order being appealed should be attached to the notice of appeal.

The caption must state the court that the appeal is taken from including the name of the judge and the docket number. C.A.R. 32. The record on appeal includes all documents filed before the filing of the notice of appeal. C.A.R. 10. The district court prepares the record on appeal and must transmit it within 63 days of filing the notice of appeal.

A knowledgeable and experienced divorce and family law attorney can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating. Give yourself the benefit of hiring one. This allows you to focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law is a knowledgeable and experienced attorney who protects your best interests and ensures that you are aware of your legal rights and obligations. Contact us at 719-344-5523 for a free 30-minute informational consultation or complete our online form.