PRACTICE AREAS

In Maryland, you can file an appeal when you believe the trial court made a legal error in its decision. Appeals are typically based on issues like improper interpretation of the law, a procedural error, or a decision that is not supported by the facts presented during the trial. Common family law matters that may be appealed include:

• Divorce judgments (including property division or alimony determinations)

• Custody and visitation orders

• Child support rulings

• Other final judgments or decisions made by a family law court.

You cannot appeal just because you are unhappy with the outcome; you must demonstrate that there was a legal error or procedural issue that impacted the fairness or correctness of the decision.

For family law cases, you must file a Notice of Appeal within 30 days of docketing of the final judgment or order being appealed.

It’s important to note that time is strictly enforced. If you miss the 30-day deadline, you may lose your right to appeal, and the court’s decision will stand. There are some exceptions, such as when new evidence is discovered, but these are rare and subject to specific rules.

An interlocutory appeal refers to an appeal of a decision made by a trial court before the final judgment in a case, often to address a legal issue that might significantly affect the outcome of the case if not addressed at the time of the order. Typically, appeals can only be taken from final judgments, meaning decisions that end the case. However, under certain circumstances, Maryland law allows for an interlocutory appeal, which allows a party to appeal a ruling made during the course of litigation, even before the case is completely resolved.

• Permissible Interlocutory Appeals: Not all trial court rulings can be appealed immediately. Maryland courts typically allow interlocutory appeals only in certain situations, such as:

  • Final orders in specific matters: For example, rulings on injunctions, class certification, or certain discovery matters may be immediately appealable.

  • Judicial discretion: In some cases, even if not strictly appealable by law, a court may permit an interlocutory appeal if there are compelling reasons, like avoiding irreparable harm or resolving an important legal question.

• Procedure: To file an interlocutory appeal in Maryland, a party must generally seek permission from the appellate court before filing the appeal. This is known as "certification". If the appellate court grants the petition, the case can proceed to the appeal process. If denied, the party must wait until the final judgment is issued to appeal.

• Interlocutory appeals can delay the resolution of a case, as they often require the trial proceedings to be paused while the appellate court reviews the matter.

• Examples of Common Interlocutory Appeals:

  • A trial court ruling on a motion to dismiss.

  • A ruling regarding the scope of discovery in a case.

  • A decision to grant or deny an injunction.

Filing an appeal involves several steps, and the process can be complex. Here’s a general overview:

File a Notice of Appeal:

• The first step in the appeals process is filing a Notice of Appeal with the Appellate Court of Maryland (formally known as the Court of Special Appeals) within 30 days of the final judgment. The notice alerts the court and the other party that you intend to challenge the trial court’s decision.

Prepare the Record:

• Once the notice is filed, you must arrange for the record from the trial court to be sent to the appellate court. This includes the transcripts of the hearings, documents filed in the case, and the final order being appealed.

Briefing the Issues:

• The appellant (the person filing the appeal) submits a brief to the appellate court outlining the legal errors or issues that were made during the trial. The brief is an important part of the appeal and explains why the trial court’s decision should be overturned.

• The opposing party (the appellee) will also submit a brief, arguing why the trial court's decision was correct and should be upheld.

Oral Arguments:

• In some cases, the court may schedule an oral argument, where the attorneys for both sides appear before the appellate judges to explain their positions. This is not always required but can be an important part of the process if the appellate court has specific questions or needs clarification on certain legal points.

Appellate Court Decision:

• After reviewing the briefs and the record, the appellate court will issue a decision. The court can:

  • Affirm the trial court’s decision (uphold the ruling),

  • Reverse the decision (overturn the ruling),

  • Remand the case (send it back to the trial court with instructions to reconsider or take further action), or

  • Modify the ruling (change certain aspects of the decision while leaving the rest intact).

The appellate court’s decision is typically final, but in some cases, you may be able to ask the Maryland Supreme Court (the state’s highest court) to review the decision if certain conditions are met.

While it is legally possible to represent yourself (known as pro se representation) in an appeal, it is highly discouraged. The appeals process is complex and requires a thorough understanding of legal principles, procedures, and the rules of appellate practice. Mistakes made in the process can result in your appeal being dismissed or denied. For the best chance of success, it’s recommended to consult with an experienced appellate attorney who can help guide you through the process and present your case effectively.

If your appeal is successful, the trial court’s decision can be overturned or modified. In some cases, the appellate court may send the case back to the trial court (a If your appeal is successful, the trial court’s decision can be overturned or modified. In some cases, the appellate court may send the case back to the trial court (a remand) for further proceedings in light of the appellate court’s findings.

If the appeal results in a reversal or modification, the trial court may have to make a new decision based on the appellate court’s guidance. This may include re-evaluating evidence, re-hearing testimony, or issuing a new judgment.) for further proceedings in light of the appellate court’s findings.

If the appeal results in a reversal or modification, the trial court may have to make a new decision based on the appellate court’s guidance. This may include re-evaluating evidence, re-hearing testimony, or issuing a new judgment.