Jason Brown provides another family law segment. In this video, you will learn about: (1) the timelines associated with appealing your divorce decree; (2) the legal standard applied by the Minnesota Court of Appeals; and (3) the odds of success on appeal. Hiring the right appellate lawyer makes a significant difference in your chances of winning on appeal.

Transcript

In the event that you’re dissatisfied with the decision of the District Court judge, you do have the right to appeal to the Minnesota Court of Appeals. You must do so within 60 days of the entry of that order. Every litigant has the opportunity to file that appeal with the Court of Appeals. Whereas with the Minnesota Supreme Court, they select which cases they want to hear, and a Supreme Court case must go through the Court of Appeals first. So the first step in having that initial judge’s order reversed or remanded would be to file that notice of appeal.

Statistically, appeals are not successful all that often. Frankly, about 15% of the time cases are successfully reversed or remanded back down to the District Court. It’s not that we’re discouraging you from filing an appeal if you’re dissatisfied with the outcome, because there certainly are times and places for that to occur. But they are challenging, and District Court judges have a wide deal of discretion in issuing their orders.

Should you choose to file the appeal, we would need to file a notice of you doing so, and then brief the case so that you have an opportunity to present your legal issues to the Court of Appeals.

The legal standard employed by the Court of Appeals is typically an abuse of discretion standard, meaning that unless the District Court judge abused his or her discretion in rendering a particular opinion, that decision is going to stick.

Feel free to reach out to Jason with any concerns you have about filing a family law appeal with the Minnesota Court of Appeals or Minnesota Supreme Court. Call (763) 323-6555.

 

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Photo of Jason C. Brown Jason C. Brown

“I used to handle commercial litigation downtown, but it wasn’t very fulfilling. As Minnesota family law attorneys we have the privilege of helping people during one of the most challenging times they will face. This stuff really matters to our clients – and…

“I used to handle commercial litigation downtown, but it wasn’t very fulfilling. As Minnesota family law attorneys we have the privilege of helping people during one of the most challenging times they will face. This stuff really matters to our clients – and to us. We take pride in helping people move forward with their lives.”

Jason founded the Brown Law Offices, P.A. He has received national media attention for his work in the area of divorce and family law.

Jason Brown founded the Brown Law Offices, P.A., after clerking for the (now retired) Chief Judge of Minnesota’s Tenth Judicial District. He is an experienced trial lawyer, who handled a wide variety of cases (including civil commitment, criminal defense, probate, personal injury and commercial litigation) early in his career.

Today, Jason’s practice is dedicated exclusively to divorce and family law matters. He has successfully litigated against some of the more recognized family law attorneys in the Twin Cities. He has been named a “Super Lawyer” by Thomson Reuters, and one of the Top 100 Family Law Attorneys in Minnesota by the Society of Legal Advocates.

Jason is the former chairperson of the Family Law Section of the Minnesota Trial Lawyer’s Association, and taught divorce and family law coursework within the paralegal program at North Hennepin Community College. He publishes the Minnesota Family Law Blog, which has been recognized as a “Top 25″ by the Minnesota State Bar Association.

Local media appearances by Jason include WCCO Radio, KARE 11 Television, Fox 9 Television and WCCO Television. His national media appearances include NBC News, Time Magazine, USA Today and the Huffington Post.

Jason obtained his B.S., magna cum laude, from Minnesota State University, Mankato, and his J.D., cum laude, from the William Mitchell College of Law in St. Paul. While in law school Jason was a published staff writer and associate editor for the William Mitchell Law Review.

In addition to his work as a lawyer, Jason serves as a mediator, and court-appointed early neutral evaluator, in divorce and family law cases throughout Minnesota.

Outside of the office, Jason plays the bass guitar and serves on the Board of Directors at Northgate Church. He and his wife, Cynthia, also an attorney, have two boys.