Family Law Appeals Attorney in Eagan, Minnesota

What is the process to file an appeal?

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00:04
well hopefully you you would only appeal
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a case that you didn’t win that would be
00:08
the first criteria so if you didn’t win
00:10
the case i mean you might have to defend
00:11
one and and certainly that happens when
00:13
you’re defending an appeal but if you
00:15
didn’t win a case you would consider
00:18
whether the court had misapplied the law
00:20
abused their discretion in making
00:22
determinations if there was a clear
00:25
error which are always the easiest ones
00:27
to win if there’s been a clear error so
00:30
you need to consider what was going on
00:31
with your case and have a
00:33
cogent and full discussion with your
00:35
client about what’s going on and what
00:36
the needs are
00:38
and the chances of success in minnesota
00:40
when there’s an appeal
00:42
you have to file a notice of notice of
00:44
appeal and a statement of the case that
00:46
just begins the process there’s a time
00:48
limit to doing that you need to do that
00:51
within 60 days of the notice of entry of
00:53
order that was
00:55
that is the subject of the appeal and
00:57
then in minnesota they’ve adopted a
00:59
mediation process
01:01
that requires the
01:03
parties in a family law case to proceed
01:06
to
01:07
mediation with an appellate mediator
01:09
with the intent of trying to settle the
01:11
case and resolve the case and that does
01:13
happen in some instances where you can
01:15
resolve your case in an appeal
01:17
in other instances you go up to the
01:18
court of appeals you draft your brief
01:21
it’s costs
01:22
considerable time and expense and doing
01:25
those they’re they’re not cheap
01:26
processes so you want to be sure that
01:28
you’ve got
01:29
you know a chance of success or or at
01:31
least a good chance of success with
01:33
winning this
01:34
and then after the mediation process has
01:36
not been successful you draft your brief
01:39
and then you get a notice for or
01:41
argument in front of a three-person
01:43
panel at the court of appeals and you go
01:46
make your argument and then about 90
01:48
days later the card of appeals will
01:49
issue their decision hopefully showing
01:51
that you won your case

Eagan, MN family law attorney, Susan M. Gallagher explains the process to file an appeal.

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