Appealing a Divorce Case in Oregon
If a case cannot be settled, sometimes one or both parties will be greatly dissatisfied with the result at trial. If that is the case, either party can appeal the trial court’s decision.
Oregon Appellate Courts
Oregon has two appellate courts: the Oregon Court of Appeals, and the Oregon Supreme Court. Except in certain circumstances, the Court of Appeals is the appellate court that decides whether the trial court’s decision should be affirmed, affirmed in part, reversed, or reversed in part.
The Court of Appeals is one of the busiest intermediate appellate courts in the country. As a result, the court decides many cases without writing an opinion. When this happens, the appeal is Affirmed Without Opinion. If the court decides that the case involves an important issue, a panel of judges is responsible for writing an opinion, which will discuss the issues on appeal. It may take many months for the court to decide a case. In fact, it is not uncommon for the court to issue an opinion a year or two after the appeal was filed.
Oregon Supreme Court Review
After the Court of Appeals either decides a case by affirming without an opinion, or writes an opinion, either party can ask that the Oregon Supreme Court review the decision of the Court of Appeals. The Supreme Court reviews only a small percentage of the cases decided by the Court of Appeals. If the Supreme Court does review the decision of the Court of Appeals, it will write an opinion that will generally either affirm the decision of the Court of Appeals or reverse it. Unless the court’s opinion involves an issue of federal constitutional law, a party cannot usually appeal from the decision of the Oregon Supreme Court to the United States Supreme Court.
Best Grounds For Appeal
The best grounds for an appeal exist when the trial court made a ruling that is inconsistent with existing statutes or case law, or if the issue is one that has not yet been decided by an Oregon Appellate court. If the basis for an appeal is a claim that the trial court made an error in deciding the facts, that presents a much more difficult case.
We Have Appellate Lawyers That Can Help
At Zimmer, Bond, Fay & Overlund, we have represented many clients on appeal. We can help you decide whether you have good grounds for an appeal. If so, we can assist you throughout the appellate process. We can also defend you if the other side has filed an appeal.
Representative Appeals Cases
Following is a list of some of the representative cases we have been involved in:
- Cullen and Cullen, 223 Or App 183 (2008)
- Powell and Powell, 147 Or App 17 (1997)
- Wurtele v. Blevins, 192 Or App 131 (2004)
- Heuberger and Heuberger, 155 Or App 310 (1998)
- Morrison and Morrison, 139 Or App 137 (1996)