Both of the attorneys at the Law Office of Greg Quimby can file appeals of the judge's orders. There are generally two types of appeals.
Typically this is an appeal of a magistrate to a District Court judge. Either in restraining orders or in divorce cases it is typical for the first hearing to be in front of a magistrate. This appeal is written to a District Court judge within the same building. Appeals of this nature typically take between one and three months. If the appeal of the magistrate is unsuccessful, then the District Court judge can be appealed to Denver.
Typically this is an appeal of a District Court judge to the Court of Appeals in Denver. Appeals of this nature can take up to one year.
Benefit of Appeal
Both Greg and Erica have authored appeals both In House and to Denver. This service is less expensive than if we have done the initial trial work because then we recognize possible errors made by the judge. Outside "appeal specialists" must start from scratch which drives up the cost of appeals. Since we prepare the entire appeal within our office, costs are kept to a minimum.
Grounds for Appeal
The judges here in Colorado Springs are good, fair judges. However, even given their best efforts, mistakes are made. There are generally two reasons that decisions by judges are overturned. Errors of Law are made when the judge is either unaware of case law directing the decision or has misapplied that case law to the facts of the particular case. Abuse of Discretion is when a judge is allowed discretion in their decision by the appellate courts. That discretion is not open ended and may be abused. Abuse of that discretion will allow the case to be overturned.