District Court Appeals In Colorado Springs Divorce and Family Law

Are you involved in a divorce or child custody case involving an appeal? (The Colorado statutory tiles for these are dissolution of marriage and allocation of parental responsibilities). An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count. It is important to understand the differences between magistrates and district court judges as well as to be informed about recent changes in the magistrate review process.

Final orders of district court judges may be appealed with some exceptions. Contempt of court orders are also appealable when a sanction is imposed. 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. 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.” Harding Glass, Inc. v. Jones, 640 P.2d 1123 (Colo. 1982).

Additionally, the judgment must be in writing, dated, and signed by the Court. Permanent orders must also resolve any attorney fee issues. Both initial and post-decree orders can be appealed.

Exceptions to the final order appellate requirement are temporary orders for maintenance, child support, and attorney fees. In post-decree proceedings, a judgment on a motion is usually final. 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 faster and less expensive than an appeal.

It is important to have a thorough understanding of requirements and deadlines in the appellate and magistrate review process, as request deadlines are jurisdictional - meaning that if the initial request for review/appeal is missed then there will not be jurisdiction for review. While appellate courts do not often overturn decisions on appeal, there are several every year that are. Therefore, an assessment of the strength of issues before filing is important. It is also important to carefully craft issues on appeal and provide accurate citations to the record. An appeal is not a second bite at the apple, but must be based on errors of fact or law as documented in the trial court record. An appellate court does not hold a new trial, and just reviews the evidence and decision of the trial court. Additionally, it is not enough just to find an error of the trial court. The error must not be harmless, and must have likely affected the lower court case decision.

There are jurisdictional time limits on the notice of appeal and timelines for the proceedings that follow, such as brief writing. The notice of appeal must be filed in the court of appeals within 49 days from the date of the final order. An 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. Keep in mind that an argument not made, no matter how good, is not subject to appeal. 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 of appeal must identify the specific order being appealed and address the timeliness of the notice, and the order should be attached to the notice.

The Colorado Rules of Appellate Procedure (C.A.R.) set forth the format of appellate filings. The caption must state the court that the appeal is taken from, including the name of the judge and the docket number. The record on appeal includes all documents filed into the case before the filing of the notice of appeal. The district court prepares the record on appeal and must transmit it within 63 days of filing the notice of appeal.

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid one-hour advice sessions for a more in-depth analysis of your case.