The Court of Appeals (COA) provides parties the opportunity to correct erroneous decisions made at the lower family court level. Because Michigan family law grants lower courts with discretion in many areas, winning a domestic appeal can be difficult. Success requires up to date knowledge of both substantive and procedural law. Thus, appellate practice separates the good attorneys from the mediocre ones.
Success begins with creating a full record at the lower court. Attorney, Dennis M. Germain, knows how to present the necessary evidence, facts, and authority at the lower court to preserve your position at the COA. This can include submission of thorough proposed findings of fact and conclusions of law.
Perhaps the most important aspect in generating a favorable outcome at the appellate level is framing the issue at hand. A COA decision can have future precedential effect. Thus, a good attorney must have the foresight to understand the overarching effects of the desired outcome. This foresight enables the attorney to structure the issue in a manner that addresses the appellate panels’ main concerns.
Next, a good family law attorney must be skilled at research and writing. Research and writing is Attorney Germain’s greatest strength. Attorney Germain has experience drafting material on areas of first impression at the family court level and success in handling appeals at the private level. Attorney Germain will get nose deep in researching the law and facts of your case, draft you a masterful appellate brief, and provide you with the opportunity to have a misguided decision overturned in your favor.
Finally, it must be noted that timing is important. You cannot hesitate. In most instances, timely appeal requires filing within 21 days of entry of a lower court’s judgment or order.