Appeals from Constructive Trust Actions

Suffolk County Constructive Trust Appeals Lawyer

By J. Douglas Barics

Appeals from constructive trust actions are slightly different than many other appeals due to the nature of constructive trusts and the fluidity of its elements. In most causes of action, the failure to establish each and every element of the cause will be enough to defeat the case itself. Not so with constructive trusts as the court has broad authority to impose a constructive trust as an equitable remedy.

The best constructive trusts appeal lawyers will understand this nuance and be able to plan according.

Appellate review will involved a mixture of facts and law. The facts leading to each element of the constructive trust will be reviewed, as well as the application of the elements by the court.

Any affirmative defenses raised at trial will also be subject to review on appeal.

Appeals from constructive trusts, like any other appeal, are focused on the errors made by the trial court. No new facts or arguments can be made on appeal which were not part of the underlying case in Supreme Court.

If you are facing an adverse ruling in a constructive trust case in the appellate division, first or second department, or if you are defending an order or judgment in your favor, let our experience in appellate litigation help you.

Do you need representation in an appeal from a Constructive Trust Judgment or Order in the First or Second Department?

Appealing from Constructive Trust Judgments or Orders

What you need to know about Appeals in Constructive Trust Actions

An appeal from a constructive trust allows a party to have the appellate division review and if successful, correct any errors made by the trial judge in deciding any portion of the constructive action case. It can be an appeal from a single order while the case is ongoing, or an appeal from the judgment in which every aspect of the case can be reviewed.

What is an appeal from a Constructive Trust Case?

An appeal in a constructive trust action is an error reviewing and correcting process. In contrast to the trial, where the plaintiff must prove all of the elements of the constructive trust, and the defendant will oppose one or more of these elements and assert any affirmative defenses, in an appeal the case is already laid out and the focus is purely errors made by the trial judge.

What is the difference between appealing from an order and a judgment?

An appeal from an order while the case is pending allows that order alone to be reviewed by the appellate court. An appeal from the judgment allows the trial to be reviewed plus any prior order that lead up to the trial.

How is an appeal argument for a constructive trust case laid out?

If the plaintiff loses a Constructive Trust case, the plaintiff will argue the trial court incorrectly found that no all elements of the constructive trust were present and that the plaintiff should have a constructive trust imposed. Or if the defendant successfully argued one or more affirmative defenses, that it was an error to make this finding.

If the defendant loses a Constructive Trust case, the defendant will argue the trial court incorrectly found that all element of the constructive trust were present and that one or more were missing. If an affirmative defense was denied, the defendant can also argue that affirmative defenses was improperly disregarded.

How long do I have to take an appeal in a constructive trust case?

The time to file a notice of appeal is always thirty days. This timeframe starts when the notice of entry of judgment or order being appealed is served.

How long do I have to complete an appeal from a constructive trust case?

An appeal must be perfected within six months from the date of the notice of appeal. A single sixty day extension is allowed automatically followed by a single thirty day extension. If additional time is needed it can be requested through an appellate motion.

Contact Our Constructive Trust Appeal Attorney Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any constructive trust appeal, no matter how challenging or complex. With over 20 years of experience in constructive trusts, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled constructive trust appellate lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.

For a free phone case consultation or to schedule an office meeting, call 631-864-2600.