Massachusetts Interlocutory Appeal Attorney
Certain trial court orders can be appealed before a final judgment via an interlocutory appeal. The decision should be made by an experience appellate attorney because piecemeal appeals are discouraged by the appellate court.
When is an interlocutory appeal warranted? When the decision interferes with rights in a way that cannot be remedied on a direct appeal from the eventual final judgment. The doctrine of present execution requires that decision must be collateral to the underlying dispute in the case being litigated. In other words, the interlocutory decision must not directly address the merits of a disputed trial issue.
Example: Appellate Attorney Driscoll filed an interlocutory for divorcing father after the trial court granted his wife the right to relocate with the children to another state. The temporary relocation order would have removed the child custody from the divorce case once the children were living in another state for six months. The interlocutory appeal was successful. The mother was ordered to return the children to Massachusetts and the divorce litigation was returned to equal footing.
Other examples for interlocutory appeal include the grant or denial of an injunction, the denial of the counsel of one's choice, and the claim of immunity. The confusion is whether the issue is truly collateral to the issues for trial. Whether a particular order qualifies for interlocutory appeal requires appellate experience.
There is a very short time in which to seek interlocutory appeal. The interlocutory appeal brief must be filed within thirty days of the docket date of the decision appealed from. There is no substitute for a fully researched and well-written interlocutory appeal. Drafting the appeal requires time, expertise, and attention to detailed. Do not delay. For an immediate consultation, call Attorney William Driscoll at 978-846-5184 before it is too late.