Family law cases are usually difficult for all involved. This is especially true when cases do not settle and therefore go to trial. After receiving a ruling from the judge, one or both parties may not be entirely satisfied with the outcome. If a party believes that the trial court’s decision is incorrect, then , he or she may be able to appeal the decision to a higher North Carolina court.

A case cannot be appealed simply because one party does not agree with the result; an appeal is a process to address an error of law or of procedure at the trial level that led to an incorrect outcome in the case. An appeal is not a new trial or a “do-over.” It is an opportunity for the Court of Appeals (or in some cases, the Supreme Court of North Carolina) to review whether the trial court’s decision is legally sound.

North Carolina family law appeals have very specific rules that must be followed. If you believe your case should be appealed, you must act quickly, and you should work with an attorney who is skilled not only in family law matters, but in handling appellate cases.

Connell & Gelb concentrates its practice exclusively in the area of family law, including family law appeals. Attorney Michelle Connell was one of the first attorneys in the state to be board certified by the North Carolina State Bar in both Family Law and Appellate Law. More than a decade later, she remains one of the few in the state to have both of these certifications.

Appeal of a North Carolina Family Law Case

To begin an appeal in a family law case in North Carolina, a Notice of Appeal must be filed within 30 days of entry of the trial court’s order. Some orders are immediately appealable, some are not. It is important to recognize the difference.

After the Notice of Appeal is filed, the record on appeal is assembled and submitted to the Court of Appeals. The record may include a transcript of the trial, exhibits, and court pleadings. No new evidence or testimony may be presented on appeal. Experienced trial attorneys are conscious of all evidence and testimony they present and every objection they make at trial; they are mindful of what they will need to be part of the record in a possible appeal of the case.

When an appeal has been filed, the attorneys on both sides of the case submit a brief to the Court of Appeals. A brief is a document that contains the attorneys’ legal arguments regarding whether the trial court committed an error when deciding specific issues. These arguments are supported by case law, statutes, and evidence presented at trial.

In North Carolina, appeals are considered by a three-judge panel which reviews the record and considers the briefs. In some cases, the panel may want to hear oral arguments, but this is rare. For this reason, it is especially important that the appellate attorney be able to make a compelling written argument in support of her client’s position.

The panel decides the case by written opinion. If one of the judges on the panel disagrees with the other two, there is an automatic right to have the appeal considered by the Supreme Court of North Carolina. If the decision is unanimous and the losing party still wants to appeal, he or she may petition the Supreme Court to hear the case. The Supreme Court in its discretion may either consider the appeal or let the ruling of the Court of Appeals stand.

Board-Certified Family Law Appellate Attorney

Connell & Gelb accepts family law appeals from across the state of North Carolina. As one of only a few attorneys in North Carolina who is board-certified in both family law and appellate law, Michelle Connell is uniquely well-equipped to represent clients in both the trial court and appellate courts.

With her extensive background in appellate law, Michelle understands at the trial court level how to create a solid casewith an eye toward what might be useful in a potential appeal. As a family law attorney with decades of experience, she understands the nuances of family law issues better than many appellate attorneys. She is equally comfortable and experienced advocating for her clients in the trial court, North Carolina Court of Appeals, and Supreme Court of North Carolina.

Because there is such a limited window of time in which to file a Notice of Appeal, those who believe an error was made in their family law case must act swiftly. To learn more about family law appeals in North Carolina, contact Connell & Gelb to schedule a consultation.