Strategies for Success in the Appellate Courts
By John L. Bunyan
The appeals process is mired with procedural deadlines and requirements that, if not complied with, can lead to the dismissal of an appeal and the loss of a client's opportunity for review. This process can be overwhelming for lawyers, particularly those who focus on trial practice and do not handle many appeals. By
developing appellate practice skills, lawyers can help their clients either preserve victories in the trial court or minimize the damages from a loss through a reversal or settlement.
1. Questions To Ask Before An Appeal
1.1. Is it an appealable order?
An attorney must first determine whether an order is: (1) a directly appealable final order that resolves all of the claims against all of the parties; (2) an
order listed in O.C.G.A. § 5-6-35(a) that is subject to discretionary appeal; (3) an order of "such importance to the case that immediate review should be had" through an interlocutory appeal; or (4) simply not appealable.
1.2. What other orders are appealable?
The appeal of a final order allows for review of all previous non-final orders entered. Think back through the case's history to recall any prior orders that should be appealed. Reviewing the docket sheet is helpful to jog the memory.
