Tinley Park Appeals Attorneys

In this article, our Illinois appeals attorneys discuss appealing court decisions in Illinois. In Illinois, many court decisions can be used using different methods under the law. In Illinois, cases are initially filed and heard in the county circuit courts.  These are also known as “trial courts” because the circuit courts are the level on which each side presents evidence and jury and bench trials are held in order to make findings of fact.  After final judgment is rendered in the trial court, or after certain types of orders have been entered by the trial court judge prior to final judgment, the parties can seek to appeal to the appellate court in order to have the circuit court’s order reversed.  The appellate court will review the record of the trial court along with briefs written by both parties and decide whether to reverse the trial court’s ruling, uphold it, or order some further action by the trial court.  If the appellate court reverses or upholds the trial court ruling, the losing party can then appeal to the Illinois Supreme Court.  Final judgments by the trial court that resolve all of the claims made against all of the parties to the case are appealable.  Notice of Appeal must be filed within 30 days of the judgment order or within 30 days of the disposition of any post-judgment motions that seek to alter the judgment.  

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In this Learn About Law article, our Tinley Park appeals attorneys discuss whether you can appeal a temporary order during an Illinois divorce case. A temporary order is a decision from the judge regarding a specific conflict or discrepancy that arises at any point during the divorce case. The general notion that appeals can only be filed after the final judgment is handed down is false. There are a handful of exceptions that allow for the appeal of a temporary order in Illinois. Furthermore, based on rulings from the Illinois Supreme court certain temporary orders are not appealable purely based on the fact they are not final. Because interlocutory orders are subject to modification during divorce proceedings, and because appealing temporary orders can break up the original case proceedings; making for a disjointed, inefficient process, appellate courts are hesitant to hear appeals of such orders. If asking the judge to reconsider a temporary order or modification of a temporary order fails then the party has no alternative but to let the order stand or to attempt to appeal.

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In this Learn About Law article, our Tinley Park appeals attorneys examine Illinois child custody appeals in Illinois and the laws surrounding them. The general rule is that you have an automatic right to appeal final civil judgments from the circuit court to the Illinois Appellate Court.  Final judgments are judgments that adjudicate all claims as to all parties in the case. Because lawmakers want to provide permanence and stability to children in custody cases as quickly as possible, the Supreme Court Rules carve out an exception to the general rule that only orders adjudicating all claims in a case are appealable without a special finding of the trial court.  

Illinois Supreme Court Rule 306(b) states that orders relating to custody and parenting time are immediately appealable without a special finding by the trial court even if they are entered prior to other matters in the case, such as spousal maintenance and property division, are resolved. Although temporary child custody orders are not appealable as a matter of right, Supreme Court Rule 306(a)(5) provides that parties may petition the appellate court for leave to appeal temporary orders that affect the custody and care of children or the allocation of parental responsibilities.

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