Appellate Law

Extensive experience handling appeals

O’Sullivan McCormack Jensen & Bliss attorneys have significant experience representing clients in appeals before the Connecticut Appellate Court and Connecticut Supreme Court, as well as appeals from administrative agency decisions. As a result, when trying a case, we are mindful of preserving issues and creating a solid record for appellate review.

We have handled appeals in a number of areas, including:

• Partner lockout
• Constructive trust
• Implied trust
• Easement
• Fraudulent transfer
• Commercial lease
• Unfair insurance practice
• Challenge to arbitrator’s award
• Waiver of arbitration rights
• Lien avoidance

Whether the case was handled at the trial level by our firm, or referred by another attorney, we can adeptly handle post-trial motions, initial appellate filings, appellate motion practice, briefing and argument.

FAQ’s

Appellate Law

• Q: “What is the appellate court system in Connecticut, and how does it differ from trial courts?”
  • A: Connecticut’s state court hierarchy is the Connecticut Superior Court, which is the trial court; the Connecticut Appellate Court, which is the intermediate appellate court; and the Connecticut Supreme Court, which is the highest appellate court. Most civil appeals are decided by the Appellate Court, and go no further: the Connecticut Supreme Court, like the United States Supreme Court, hears only the cases that it chooses to hear. The main difference between trial courts versus appellate courts is that live witnesses and evidence are not presented to an appellate court. Appellate courts make their decisions based on written briefs and arguments by the appellate lawyers, and the record of the proceedings in the trial court, such as the trial transcripts and exhibits.
• Q: “What are the grounds for appeal in Connecticut, and what types of legal errors can be challenged on appeal?”
  • A: Any claimed error by the trial judge may provide grounds for an appeal, but the odds of success depend on the nature of the claimed error. Trial judges have a great deal of discretion to admit or exclude evidence, decide the credibility of witnesses, and weigh the evidence. When these kinds of issue are the grounds for appeal, the appellate courts typically show considerable deference to the trial judge, and will reverse only if the trial judge’s decision was “clearly erroneous.” However, on issues of pure law, such as the meaning of a statute or an unambiguous contract, the appellate courts apply their own analysis with no deference to the trial judge.
• Q: “How long does the appellate process typically take in Connecticut, and what factors can influence the duration of appeals?”
  • A: Typical timing for the civil appellate process in Connecticut is about 18 months, from the filing of the appeal to publication of the court’s decision. Key appeal duration factors include the length of the trial, which can lead to delays in obtaining trial transcripts needed for the appeal; the number and complexity of the issues on appeal; and whether one or both sides obtain an extension (or multiple extensions) of their briefing deadlines.