Appeals in the Michigan Court of Appeals, the Michigan Supreme Court, and the Sixth Circuit, handled by the attorneys who tried the underlying case.
Appeals at the firm are handled by the attorneys who handled the case in the trial court, with a partner involved in choosing the issues, writing the brief, and preparing for argument. The firm does not keep a separate appellate department. Keeping the same lawyers from trial through appeal means the people writing the brief know the record.
Most of the firm’s appellate work is in the Michigan Court of Appeals, in appeals from circuit court and probate court decisions in family, probate and trust, and commercial matters. An appeal of right from a final judgment generally must be filed within 21 days after the judgment, or after the order deciding a timely post-judgment motion, under MCR 7.204. Other orders can be reviewed only by application for leave to appeal, which the court may deny without reaching the merits.
Review in the Michigan Supreme Court is by application for leave to appeal, and the Court grants a small share of the applications it receives. An application must show why the case matters beyond the parties, such as a significant legal question or a conflict in the law.
The firm handles appeals to the United States Court of Appeals for the Sixth Circuit from the federal district courts in Michigan, and bankruptcy appeals to the district court or the Sixth Circuit Bankruptcy Appellate Panel.
An appeal is decided on the record made in the trial court. Issues that were not raised there are generally not considered on appeal, so the firm builds the trial record with a possible appeal in mind: objections, offers of proof, and motions that put each issue before the trial judge. The firm also takes appeals in cases tried by other counsel, starting with a review of the record and the standard of review that will apply.
The firm handles new matters on a consultative basis. Call the office, or send us a message through our contact form.