Appeals from Partitions
Suffolk County Partition Appellate Attorney
By J. Douglas Barics
When a judge in a partition action makes a mistake, an appeal is may be required. The error must be non trivial and large enough to warrant the appellate division to change the order being appealed.
Appeals are not a second chance to argue your case. They are an error checking mechanism where the higher court reviews the same material and same arguments made to the trial judge, and decides if the trial judge committed an error.
Appeals may be taken from most orders which decided motions, and the final judgment.
If you are facing an adverse ruling in a partition action and want to appeal, let our experience help you.
Do you need representation in a Partition Appeal in the Appellate Division, First or Second Department?
Contact us online or at (631) 864-2600.
Appealing from Partition Judgments or Orders
What you need to know about Appeals in Partition Actions
An appeal allows a titled owner to have the appellate division correct any errors made by the trial judge in deciding any portion of their partition action.
What is an appeal from a Partition?
An appeal in a partition action is an error fixing process. In contrast to the trial, where each party decides which evidence to use and how to approach their case, the appeal's focus is purely on the errors made by the trial judge.
What is the difference between appealing from an order and a judgment?
An appeal from a judgment has significant differences from an appeal from an order. An appeal from a final judgment includes appellate review of all prior orders leading up to that judgment. However, an appeal from an order is restricted to a review of that order alone.
How is an appeal argument laid out?
An appellate argument must first show that the issue was raised in the lower court, followed by the court ruling against the appellant. From there, the argument is focused on why the judge's determination was wrong, either by getting the facts wrong or making a mistake in the law.
How long do I have to file an appeal?
The time to file a notice of appeal is 30 days starting when the judgment or order being appealed is served with a notice of entry.
How long do I have to complete an appeal?
An appeal must be perfected within six months. Each appellant is entitled to a 60 day extension followed by a 30 day extension. After that, additional extensions can be requested but are not guaranteed.
Contact Our Partition Appellate Counsel Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any appeal, no matter how challenging or complex. With over 20 years of appellate experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled 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.