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What happens if I don't respond to an appeal?

Bankruptcy and Debt 5 views 5 answers
I've spent thousands of dollars battling my ex, now since he was unhappy with result he is appealing a contempt charge awarding me at to fees and I'm sure will appeal Fj if rehearing is denied. As you all know it is very expensive and I'm not sure it's worth spending money responding to the contempt appeal.. will he automatically win?

Attorney Answers

5
Brent Rose ·
Appellate court is different than trial court. He won't automatically win, but it will obviously hurt your case if your side isn't presented. You're right, appeals are very expensive, but it would be a shame to lose everything you've gained in divorce court by having it "erased" by the appellate court. Maybe you can find a lawyer who will help you relatively inexpensively. Also, although it's somewhat rare in appellate court, you may be able to get fees awarded against him so that your appellate lawyer is paid for.
0 upvotes
Denise Martinezscanziani ·
Appeals don't necessarily have to be expensive. You should look check around. Also, if your side is unrepresented, the lower court could be reversed. You should at least consult with an family appellate attorney prior to deciding not to respond.
0 upvotes
Tami Augen ·
I agree with my colleague. You should not fail to appear and/or file something in the appeal. Although it does not mean an automatic win for the other side, it may not be the best way to handle your matter. You can represent yourself and you can also seek fees and costs.
0 upvotes
Robert P GarvenAppeals LawyerCoral Springs, FL ·
It is always wise to have an attorney representing your position. The burden, however, is on the appellant to demonstrate the existence of significant legal error.
0 upvotes
Clifford M. MillerLitigation LawyerVero Beach, FLFL licensed ·
If you do not respond to the appeal the appellate court will base its decision solely on the arguments made by your ex. So, if enough is at stake you might want to look around for an appellate lawyer
0 upvotes

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