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Making an Appealing Record on Appeal

By Paul L. Feinstein

When presented with a case s/he has not tried, an appellate lawyer may discover that the record on appeal is in horrendous shape. Even if you are not an appellate lawyer, there is a lot you can do to help your client with a possible appeal. This article discusses a number of things a trial attorney can do to minimize the problems.

You should at least do some basic research as to appellate jurisdiction in your state so that any particular findings that are required are included. For example, in Illinois, if more than one post decree action is pending, the trial court must make a finding that there is no just reason to delay enforcement or appeal (Illinois Supreme Court Rule 304). Without that finding, if multiple parties or multiple claims are involved in an action, an appeal cannot be taken from a final judgment as to one or more but fewer than all of the parties or the claims. Some states have different rules for dissolution of marriage cases and post-decree cases. Many appellate courts are even uncertain as to the applicable rules, so even if you do not fancy yourself an appellate lawyer, this is one area of the law with which you should become familiar.

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