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Objections And Appeals

Practice Areas

Columbus Appeals Attorney

Our firm has handled and won cases in the Supreme Court of Ohio and in numerous Ohio courts of appeals. We have also handled and won numerous objections regarding magistrates' decisions. If you received a decision from a court, and if you believe the decision is wrong, you have the right to file an objection or an appeal.

Objections


Some judges transfer cases to magistrates for an initial decision. A magistrate is basically an assistant judge. Judges frequently transfer family law cases to magistrates.

If a party believes a magistrate issued an incorrect decision, the party can file objections to the magistrate's decision. The objections are reviewed by a judge. If the judge determines that the magistrate's decision was incorrect, the judge can issue a new decision.

Appeals – Court of Appeals


If a judge issues a final decision, and if a party believes that the judge has issued an incorrect decision, the party can file an appeal with the appropriate court of appeals. The appeal is reviewed by a panel of three judges from the court of appeals. If a majority of the court of appeals' judges decide that the original judge's decision was incorrect, the court of appeals can reverse or modify the original judge's decision.

Appeals – Supreme Court of Ohio


If a court of appeals issues a final decision, and if a party believes that the court of appeals has issued an incorrect decision, the party can file an appeal with the Supreme Court of Ohio. A Supreme Court of Ohio judge is called a justice. The Supreme Court of Ohio has seven justices. If four or more of the justices determine that the court of appeals' decision was incorrect, the Supreme Court of Ohio can reverse or modify the court of appeals' decision.

Different Rules


Handling an objection or an appeal requires special knowledge and skills. Special rules apply to objections and appeals. These rules are technical and complicated. If the rules are not strictly followed, the case will usually be dismissed.

Different Skills


An attorney handling an objection or an appeal must take a scholarly and technical approach to the case. The attorney must be excellent at legal research and legal writing. The attorney will also probably need to be excellent at oral advocacy.

To view a video clip of Attorney Dougherty arguing a case in the Supreme Court of Ohio, go to http://www.youtube.com/watch?v=_8HM0XpsRo0

Fear of Hostility


When an attorney files an objection or an appeal, the attorney is saying that a magistrate or a judge made a significant error. Thus, some attorneys are afraid to handle these cases. They are afraid that a magistrate or a judge will be angry at the attorney for filing the objection or appeal. Because of this fear, these attorneys may improperly discourage a client from filing an objection or an appeal.

These attorneys must be avoided. Objections and appeals are normal parts of the legal process. If a mistake has been made, the mistake should be corrected. An attorney must never put his or her fears above the interests of a client.

Time Limits


Strict time limits exist regarding the filing of objections and appeals. If an objection or an appeal is filed late, the objection or appeal will probably be dismissed and the case will be over.

The general time limits for the filing of an objection on an appeal are as follows.

  • An objection must be filed within fourteen days after a magistrate's decision.
  • An appeal to a court of appeals must be filed within thirty days after a judge's decision.
  • An appeal to the Supreme Court of Ohio must be filed within forty five days after a court of appeals' decision.

Protecting Your Rights

To protect a client's right to pursue an objection or an appeal, an attorney must take various actions before the objection or the appeal is filed. An issue must be brought to the court's attention at the proper time and in the proper manner. If the issue is not properly presented and preserved, the issue probably cannot be considered in an objection or an appeal.

Attorney Fee Awards

A court may order one party to pay the other party's attorney fees regarding an objection or an appeal. Generally, a court can issue an attorney fee order if one party's actions are frivolous or if an award of attorney fees would be otherwise be equitable.

In addition to attorney fees, a court may also order one party to pay the other party's litigation expenses and court costs.

Success Stories


The DHS law firm attorneys have produced successful outcomes for many family law clients. Please click here to read about success stories that reflect various family law issues. Perhaps you will see your marital issues reflected in one or more of these brief stories.

Contact Us

Please contact DHS for a confidential consultation with attorney Dougherty or Hanneman or Snedaker. Each is an Ohio State Bar Association Certified Specialist in Family Relations Law. They are three of only 115 attorneys in Ohio who have earned this designation as of January 1, 2013. Less than one-half (1/2) of one (1) percent of all family relations attorneys registered in Ohio has achieved this status!

DHS is located in a safe, convenient northwest Columbus suburb with free on-site parking. The building is west of the intersection of Sawmill Road and Bethel Road. (Bethel Road becomes Hayden Road west of the Sawmill Road intersection.) The offices are in the classic redbrick Northwest Law Offices Building:

  • next to Bravo! Cucina Italiana Restaurant,
  • on the north side of Hayden Road, and
  • east of Riverside Drive (State Route 33).

Then turn onto Donnylane Boulevard from Hayden Road. Then turn right into the parking lot behind the building. The main entrance is at the rear of the building.