Westport Family Law Appellate Lawyers

Every Connecticut litigant has the right to appeal a final judgment entered by a trial court.  In divorce cases, these appeals often arise after the trial court enters financial orders, but, on occasion, there may be sufficient cause to appeal a trial court’s orders concerning the custody of and/or visitation with minor children.  In Connecticut, an appeal must be filed no later than twenty days after the court issues notice of its decision.  It is important that if you receive a decision from the trial court with which you disagree or that you do not understand, you seek out the advice of seasoned appellate counsel immediately.  If your former spouse is filing an appeal, you should speak with an appellate lawyer to make sure that your position is adequately defended on appeal and to ensure that your rights are protected during the pendency of the appeal.  The attorneys at Broder Orland Murray & DeMattie LLC have experience representing individuals in Connecticut’s Appellate Court and can help answer your questions.

Once an appeal is filed, certain order(s) associated with the final judgment may be automatically stayed.  This means that until the appeal is finally concluded, the trial court cannot enforce the order(s) that are the subject of the appeal.  Pursuant to the automatic stay rule, that order would not be enforced during the pendency of the appeal without the trial court terminating the stay of execution of that order.  The trial court can terminate the automatic stay of its orders on its own volition or after a motion is filed by either party.  In such a situation, the trial court is not the final arbiter of determining whether there should or should not be a stay of execution of its order.  A party aggrieved by orders regarding the termination of a stay can seek review of those orders by the Appellate Court.  In addition to handling family law appeals, we handle issues regarding the automatic stay of order(s) while an appeal is pending.

The likelihood of success on appeal is largely determined by the level of scrutiny applied by the Appellate Court.  The Appellate Court has broader authority to overturn a trial court’s decision when the decision rests upon a question of law, such as a question of statutory interpretation.  This is referred to as plenary review.  Issues concerning factual findings by the trial court or any other decision where the court has the discretion to enter an order as it sees fit is governed by the abuse of discretion standard of review.  Unlike plenary review, the Appellate Court will defer or give the benefit of the doubt to the considerations and determinations made by the trial court.  The attorneys at Broder Orland Murray & DeMattie LLC can review your case to tell you which standard of review would apply to the issues presented on appeal.

Unlike the trial court, the Appellate Court does not seek or require the submission of new evidence or new testimony.  The cases at this level are resolved after each party submits well-researched briefs and argues his or her position before the Appellate Court.  In addition to reviewing the trial court’s decision, preparation of an appellate brief requires review of the transcripts from the trial court proceedings at issue and review of the exhibits submitted to the trial court judge.   After all of the briefs are filed, the Appellate Court will schedule a date for oral argument before a panel of Appellate judges.  At the Appellate Court, the panel typically consists of three judges.  At the Supreme Court, the panel consists of seven justices.   

Contact BRODER ORLAND MURRAY & DEMATTIE LLC

Broder Orland Murray & DeMattie LLC provides appellate representation in addition to litigating at the trial court level.  If you are contemplating an appeal, contact Sarah E. Murray, Esq., Chair of the firm’s Center for Family Law Appeals.  Call 203-222-4949 or e-mail us to schedule a consultation.

  • Avatar Courtenay Crawford ★★★★★ 3 months ago
  • Courtenay Crawford ★★★★★
    Nicole DiGiose is top notch! I worked with her over the past year on my divorce and while this type of experience is never fun, Nicole made a difficult situation easier. She is extremely knowledgeable. thoughtful and lays everything out … More in a very comprehensive manor. I have already given her name to others and I will cont. to recommend Nicole - she goes above and beyond and is an absolute Super Star Attorney!
  • Avatar Genna Garver ★★★★★ 4 months ago
  • Genna Garver ★★★★★
    I've known Eric Broder professionally for many years and have also worked with him personally as a client. Not only is he a strong advocate of the law, he is also a pleasure to work with. He listens, explains, keeps clients involved … More as desired and--most importantly--he responds and gets matters done! His style is to lead with professionalism, which brings a much appreciated sense of calm and control even to otherwise adversarial matters. Eric also has a strong technical ability to understand complex issues, like valuation of partnership assets and other illiquid assets. Literally one of the nicest attorneys I've dealt with over 20+ years of practice.
  • Avatar Chris Stella ★★★★★ 3 weeks ago
  • Chris Stella ★★★★★
    Top Notch!! Attorneys Eric Broder & Nicole DiGiose are hands down the BEST you can get in Fairfield. They are both super efficient, caring, and on top of your case thru the whole process. Both Eric and Nicole professionally navigated … More me through the entanglement of procedures and I always felt they had my back since day one while dealing with opposing counsel. I am super satisfied with their performance & recommend them to anyone seeking a family law attorney.
  • Avatar Seth Balasny ★★★★★ 4 months ago
  • Seth Balasny ★★★★★
    Nicole was amazing! She held my hand and walked me through every step of the way. I could not have asked for more in an attorney through such a difficult time in my life. Nicole was always quick to respond to all of my questions and always … More available when needed.
    I highly recommend Broder, Orland Murray & DeMattie.
  • Avatar Geoffrey Orth ★★★★★ 3 months ago
  • Geoffrey Orth ★★★★★
    Nicole was a professional and attentive attorney who always made herself available. She brought clarity and level-headedness to sometimes stressful situations. Overall, happy with my experience with Nicole and the broader Broder Orland … More Murray and DeMattie team.
  • Avatar Patricia Mennitt ★★★★★ 10 months ago
  • Patricia Mennitt ★★★★★
    Jaime was with me every step of the way. She supported me in all of my decisions and provided with names of experts that could help me with other aspects of the divorce such as a certified divorce financial analyst.
    Both Jaime and Eric
    … More made sure I knew all of my options and the consequences of any of my choices both financially and emotionally. They neither pushed me to go to court nor discouraged me; they did provide the pros and cons.
    They treated me with respect and never talked down to me. They understood the emotional aspects of coping with a contentious divorce. Their experience working with clients similar to my ex-husband was invaluable.
    I have a child with special needs. This complicates the divorce process. Jaime has experience in the ramifications this has on divorce and helped me navigate the necessary negotiations.
  • Avatar Teresa Rainieri ★★★★★ 10 months ago
  • Teresa Rainieri ★★★★★
    Nicole DiGiose was retained for an emergency situation. Her empathy and understanding of my priorities offered sustenance to myself and my family. Nicole’s representation and knowledge defended against unjust accusations and facilitated … More a resolution within a timely manner.
  • Avatar Rob Petersen ★★★★★ a year ago
  • Rob Petersen ★★★★★
    Nicole DiGoise represented me in a case where the gap to reach a settlement was pretty wide at the beginning. There is nobody that I can recommend more highly. Nicole is highly accountable, responsive, disciplined, reasonable and compassionate. … More And Nicole knows the law. Among other things, Nicole has run three marathons. She will be with you every step of your journey. She also knows when to engage the partners (in my case Carole Orland) who provided a deep bench of legal expertise and experience I know I couldn't find anyplace else. Nicole is a David who you can put against any Goliath. If I could give Nicole DiGoise and Carole Orland six stars, I would.
  • Avatar Amy Peterson ★★★★★ a year ago
  • Amy Peterson ★★★★★
    I switched after being treated horribly by another law firm. I told Carol Orland and Chris DeMatte that I just wanted to be treated as a human being. The level of care that the team treated me with was well beyond my expectations! I … More trusted the team with strategy and they kept the negotiations on a tight time frame that was simply unachievable by others. They were the quintessential professionals, and always one step ahead. I regret not having hired the team in the first place.
  • Avatar Ted Seides ★★★★★ a year ago
  • Ted Seides ★★★★★
    Eric and Nicole were terrific to work with, understood the issues, and got us to a conclusion. What more can you ask for?!!!
  • Avatar Damon Rein ★★★★★ 10 months ago
  • Damon Rein ★★★★★
    Eric Broder proved to be an excellent attorney. He was incredibly professional, responsive, super-smart, kind and ultimately got me a good, fair divorce settlement. I could not recommend him more highly.
  • Avatar amanda aaron ★★★★★ 2 years ago
  • amanda aaron ★★★★★
    Eric Broder and his firm are phenomenal. I refer clients with complicated legal issues involving custody and finances and he is able to thoroughly and thoughtfully work to accomplish clients' goals. I can't recommend him enough. … More His partner, Carole, is also fantastic; she is extremely capable and always prepared.