Brooklyn Appeals Lawyers
Innovative and Experienced Lawyers to Turn Your Case into a Favorable Outcome
If you believe the court made a mistake in your case or simply got it wrong, you may have the right to take legal action to appeal that decision to a higher court. Our attorneys at Coffinas & Lusthaus, P.C. have over 50 years of combined legal experience that equip us with the skill and knowledge to strategize an innovative case for your appeal. Whether you seek to overturn a child custody, support or property division judgement, or have questions about what to prepare for your Brooklyn appeal, our firm can help you whether we were trial counsel or not.
What Is an Appeal?
If the lower court makes an error of law or misconstrues the facts of your case, you can pursue an appeal by asking the Appellate Court to review the decision and change it. Note that except for a default judgment, only an order made by a judge can be appealed. A decision or judgment made by an arbitrator, made in mediation, or agreed to in a settlement cannot be appealed to a higher court.
The Appeals Process
With the help of an experienced attorney, the appeals process will be fairly straightforward to navigate. The important steps in an appeal include:
- Finding the right Appeals Court.
- Filing a Notice of Appeal within 30 days of receiving the Judgement.
- Asking the Appellate Court to stop enforcement of the Judgment. Note that filing a Notice of Appeal does not stop the winning party from collecting or enforcing their judgment from the lower court. To temporarily stay this action, the appellant must ask for a stay.
- Providing the court all the papers that explain what happened in the lower court.
- Receiving the court date, during which both sides present legal arguments to a panel of appellate judges.
- Getting the final decision. The Appellate Court can reverse, remand, affirm, or modify the decision of the lower court, or parts of the decision.
Note that the Notice of Appeal should contain the following information:
- the name of the case and index or docket number as written at the top of all the court papers;
- the appellant’s name;
- the order or judgment they are appealing;
- the date of the order or judgment;
- the name of the court that made the order and entered the judgment;
- the name of the court that they are appealing to.
Additionally, the specific papers that may be required for perfecting the appeal (Step 4 from above), will include getting a transcript of the trial or hearing, preparing the record on appeal, writing and serving a brief, and getting the case on the court’s calendar.
Let Coffinas & Lusthaus, P.C. Appeal Your Case
If you seek to appeal a court’s decision for your case, contact Coffinas & Lusthaus for legal help in the process. If successful, an appeal could make a huge difference. The process may seem daunting at first, especially because it means going through the court system again, but an experienced attorney like ours at Coffinas & Lusthaus can make the process manageable.