Massachusetts Civil Appeals Attorney

Attorney William Driscoll is passionate about appellate law. He represents clients statewide, and at times, nationwide who seek to appeal a judgment of a Massachusetts trial court. He handles appeals within the broad area of civil law, from alimony to zoning. Attorney Driscoll represents clients before the Massachusetts Appeals Court and the Massachusetts Supreme Judicial Court. When appropriate, he pursues certiorari to the U.S. Supreme Court.

An appeal is the review of what occurred in the trial court to ensure that the law is applied properly and consistently in all trial courts across the Commonwealth of Massachusetts. An appeal can effect a change in the law. Attorney Driscoll represents clients throughout Massachusetts, from the Boston to the Berkshires. Appellate deadlines are short.

Call 978-846-5184 before your rights disappear.

Massachusetts Civil Appeal Attorney

Interlocutory Appeal

An interlocutory appeal challenges an injunction, interim, or temporary trial court order before the case reaches final judgment. The filing deadline is fixed, no extension is allowed. The completed appellate brief must be filed in the Massachusetts Appeals Court within thirty days of entry of the order being appealed.

For example, Attorney Driscoll obtained the return of a minor child to Massachusetts during the pendency of the military parents' divorce after the trial court allowed the minor child to relocate to Arizona with one of the parents. The trial court mistakenly ceded jurisdiction of the minor child to Arizona under the Child Custody Jurisdiction Act. Prevailing on appeal forced the return of the child and the custody issue to the Massachusetts Family Court.

Direct Appeal

Either or both sides to a civil judgment may challenge any aspect of the trial court proceedings and final judgment. That action is called a direct appeal. Appellate deadlines and procedures are highly technical. An appellate brief must comply with precise requirements for style, substance, and standards of review.

Taking a case to the next level requires appellate expertise. A case on appeal is completely different than what was argued in the trial court, where the facts were resolved. Only legal issues that were properly preserved in the trial court may be argued on appeal. Good issues that were not preserved in the trial court are non-starters on appeal. Appellate argument is a dissertation-like discussion about the precise legal principles validly raised on appeal.

The facts are decided in the trial court, where the breadth of civil law is immense. But civil cases are drastically different in the appellate court, where the process and law applied in the trial court are at issue. On appeal the question becomes were the procedures (e.g., evidence rulings), statutory and common law, and constitutional protections properly applied? Appellate issues are very focused and the argument is more of a legal discussion with the appellate court.

Call 978-846-5184 before your rights disappear.