Criminal Appeals
Civil Appeals
Bankruptcy Appeals
Court of Appeals
 Utah Supreme Court
10th. Circuit Court of Appeals  

When a trial judge or jury renders a decision in a contested matter, the party who loses has the right to appeal the decision. Many bankruptcy, civil disputes and criminal cases that result in litigation frequently go on to the appeals process. Appellate law involves a higher court reviewing the lower court's application of the law and its judgment. Unlike other forms of litigation, in appellate law there is no discovery; the appellate record is limited to the facts presented during the original trial. In Utah cases, appeals are presented to the Utah Court of Appeals. Federal Court decisions are appealed to the 10th Circuit Court of Appeals in Denver.

Because appeals are decided almost entirely on the written briefs, a compelling appellate brief and a powerful oral argument are the vital basis of a successful legal advocate's appeal.

A Few of Our Appellate Decisions:

Sonni Schwinn v. David Cook,   2004 Ut.App 372.   (Utah 2004)
This is an action for legal malpractice filed against a local bankruptcy attorney. The sole issue before the court was whether the statute of limitations had run before the malpractice action was filed. The lower court dismissed the action because they had concluded that the statute of limitations had run. The Court of Appeals affirmed the dismissal of the action by the lower court in a Memorandum Decision after having received a memorandum from our office.

Brandon Miller v. J. Vincent Cameron, 383 B.R. 767 (BAP 10th Cir 2008)
This is an appeal of the dismissal of Mr. Miller's bankruptcy case. The issue before the Bankruptcy Appellate Panel of the 10th Circuit Court of Appeals was whether year-to-date income figures constitutes "other evidence of payment" pursuant to section 521(a)(1)(B)(iv) of the United States Bankruptcy Court. On appeal the dismissal of the case was reversed and remanded to the bankruptcy court.
The information within this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
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