An appeal is the process of seeking higher court review of an order issued by a District Court judge or Magistrate. Appeals may arise in contested trust cases, estate cases, and/or protective proceedings. Appeals generally focus on legal, as opposed to factual, errors made by the Judge or Magistrate at trial. Legal errors warranting an appeal may include: misapplying the law; misinterpreting the law and/or a document (such as a Will or Trust); or, abusing the judge’s discretion by, among other bases, failing to state a reason for its actions. Very specific procedures, timelines and legal theories apply to appeals in Colorado, including the timeframe for filing an appeal, obtaining the records required for an appeal, and briefing an appeal. Following a trial, you may find yourself in the disadvantageous position of having suffered harm from a legal error committed by the Court and higher court review of that error may be beneficial. Conversely, following a trial, you may find yourself having to defend an appeal filed by an opposing party when the trial court made no errors.
The attorneys at Conover Law, LLC are experienced in handling appeals of trust, estate and protective proceeding cases and can represent you through the process, whether it is filing an appeal when an error has occurred or defending an appeal.