Appeals

Ashland Medley Law, PLLC represents Mortgage Servicers and Real Estate Investors in appeals as it pertains to Mortgage Foreclosures. AML’s understanding of the complexity of the appeals process and it’s unique ability to identify legal errors has led to exceptionally successful results for the Firm’s clients.

It’s important that you choose an attorney with the requisite experience and knowledge of appellate practice to navigate you through the intricate process of filing an appeal. Choosing an inexperienced attorney can lead to results that can be irreversible. Attorney Medley has won numerous appeals and is adept at handling complex litigation. Contact us today if you need representation in an appeal, and we will review your case to determine the probability of success.

How Do You Know When To File An Appeal?

If you receive an unfavorable result in a lawsuit where you believe that the court erred when reaching its conclusion, you generally have 30 days to file your Notice of Appeal. It’s important to understand the difference between a “final order” and a “non-final order” when you are considering whether to file an appeal. Some orders are not appealable and it’s important you reach out to an attorney to determine if your order is appealable.

Some Questions you May Have About Appeals, Answered:

a. What is an appeal? An appeal is a legal process in which a higher court reviews and potentially overturns a decision made by a lower court. The purpose of an appeal is to ensure that the law was applied correctly in the lower court and that the decision reached was fair and just.

b. How do I file an appeal? The process for filing an appeal varies depending on the jurisdiction, but it generally involves filing a notice of appeal and a series of briefs outlining the arguments supporting your position. The first step in an appeal is making sure you have an appealable order and that you are within the time parameter in filing a Notice of Appeal. If you do not file your Notice of Appeal timely, you could potentially lose out on appealing the order you are seeking to overturn forever. After you file your Notice of Appeal, you have a specific time period of filing your Initial Brief, depending on whether you are appealing a “final order” or “non-final order.” After you file your Initial Brief, the opposing party, the Appellee, has a specific time period in which it must respond to your Initial Brief and file the Answer Brief. Finally, the Appellant gets to have the last say and file one more response to the Appellee’s arguments raised in the Answer Brief, called the Reply Brief. The Appellee or Appellant may request an Oral Argument to argue their case before a panel of judges sitting in the appellate court. A request for oral argument is rarely granted. Attorney Medley has had the privilege to present an oral argument before an appellate court in an appeal in which she prevailed in.

c. Can new evidence be presented in an appeal? In general, new evidence cannot be presented in an appeal. The purpose of an appeal is to review the decision made by the lower court based on the evidence or argument presented to the lower court. This is why it’s important to have competent counsel to ensure that all arguments are preserved for appeal at the lower court level. If you do not preserve an important argument at the lower court level, it cannot be raised before the appellate court which could be detrimental to your case.

d. How long does an appeal take? Depending on the nature of the appeal and the jurisdiction in which the appeal is pending, the process usually takes between 6 months to 1. 5 years.

Will I Get Personalized Help With My Judicial Process?

Yes! AML takes an individualized approach when evaluating cases for filing appeals or defending against appeals. In order to be successful in an appeal, it’s critical to understand the legal proceedings and the law as it pertains to the legal issues in the underlying action. AML reviews the underlying lower court case with great detail to identify legal errors, potential arguments, and potential risks involved in an appeal so that our clients can make an informed decision when deciding whether or not to file an appeal. During this process, Attorney Medley stays in direct communication with her clients so that they have a full understanding of the issues and risks involved in the appeal. We pride ourselves on being transparent with our clients. Attorney Medley will not tell you what she thinks you want to hear, instead, she will make her recommendation to you based on the facts of the case whether it’s favorable to your position or not.