In Michigan, a party who is unhappy with the decision of the trial court has the opportunity to appeal to a higher court to have the case reviewed. An appeal may be taken to the Michigan Court of Appeals and eventually, although less frequently, to the Michigan Supreme Court.
An appeal is very different than a trial. An appeal case is decided based on the record of what occurred in the trial court. No new evidence may be presented to the appeals court and no testimony is taken. The lawyers write “briefs” (which usually are anything but!) that the appeal judges review. An appeal brief outlines the facts important to the issues being appealed, and presents legal arguments supporting the position of the party who is submitting the brief. Once briefs are submitted, the attorneys are scheduled to appear before the appeal judges to argue the case. In the Court of Appeals, there is a panel of three judges who review the briefs and hear the arguments. There are seven justices on the Michigan Supreme Court that sit together to hear the limited number of cases that make it to the highest court in Michigan.
Depending on the type of family law case, a party either has an absolute right to an appeal, or may request that the appeals court take the case, with no guarantee that an appeal will be allowed. Examples of cases with an absolute right of appeal are final divorce judgments or orders effecting the custody of children. An example of an issue where a request to appeal may be granted is a decision regarding spousal support/alimony.
Appellate law is a unique area of legal practice that requires knowledge and expertise in a specific set of court rules, excellence in legal research and in legal writing, as well as a strong ability in oral advocacy (appearing and arguing the appeal case before an appeals court panel). The court rules and procedures are very different in the appeal courts than in the trial courts.
I am proud that many of my colleagues refer their appellate cases to me because of my experience and expertise in this area of practice. Most of my appeal cases are referred to me by trial counsel, but I welcome all family law appeal inquiries.