Pennsylvania Appellate Court Advocacy: MMDC Advocating for our Clients’ Family Law Appeals before the Pennsylvania Superior Court
At Musi, Mattson, Daubenberger & Clark, LLP, we take pride in our wide range of practice and expertise in the area of Family Law. MMDC is proud to share that our Family Law Division is currently in the midst of three appeals to the Superior Court of Pennsylvania. Family Law Partner, Lucas A. Clark, IV, Esquire is at the forefront of handling these matters.
While the Trial Court is tasked with making factual and legal determinations, the Appellate Courts play a crucial role in reviewing whether the Trial Court abused its discretion when rendering a Final Order. When a party disagrees with any Final Order that the Trial Court enters, a party can file what is called a Notice of Appeal within 30 days of the entry of the Final Order. In the case of our three current appeals, the Superior Court would have proper jurisdiction since custody and divorce matters fall under the civil litigation umbrella. Appealing to the Superior Court requires extensive time and commitment to show how the Trial Court abused its discretion, or if one is in the role as Appellee, why the Trial Court rendered the correct decision.
Two of the three cases appealed to the Superior Court involve Children’s Fast Track Appeals, which were a result of Final Custody Orders issued in the Delaware County Court of Common Pleas. These two appeals are intended to provide timely review of cases in which children are the subject of a Final Order rendered by the Trial Court. Such cases may involve custody determinations, or termination of parental rights. Children’s Fast Track Appeals require strict compliance with shortened deadlines and specialized procedural rules that include parties filing what is called a Concise Statement of Errors, which helps the Superior Court understand what issues are complained of on appeal. MMDC approaches these appeals with urgency and care recognizing the importance of a child’s stability in his or her everyday life, and a child’s safety.
Our clients in both of these matters are the Appellees after we obtained favorable results at Trial. Currently, all briefs and reproduced records have all been submitted timely. While the decision of the Superior Court will only be decided based upon the Briefs of each party without oral argument, Luke will prepare for Allocatur to the Supreme Court of Pennsylvania if necessary.
The third case on appeal concerns a Final Divorce Decree. Appealing a Final Divorce Decree often raises complex issues including the equitable distribution of marital assets and/or alimony. Once the Trial Court renders its Final Divorce Decree, the parties can be significantly affected by the Decrees’ financial and legal repercussions.
MMDC inherited this third case from our client’s prior counsel who handled the trial, where we are currently Cross-Appellants after our client received mixed results at Trial. Luke filed a Concise Statement of Errors carefully identifying appealable issues that presented a clear framework to the Superior Court of our errors complained of. Luke and the Trial Court are in the process of timely submitting the appropriate documentation and will begin the process of drafting and submitting our Appellant and Appellee Briefs to the Superior Court. MMDC looks forward to appearing for oral argument if necessary and the possibility of Allocatur if the necessity arises.
Handling appeals before the Pennsylvania Superior Court is a responsibility that we take seriously. At Musi, Mattson, Daubenberger & Clark, LLP, we are honored that clients have entrusted us to navigate through Pennsylvania’s notoriously difficult Appellate Court system. If you or a loved one is in need of legal advice in relation to a family law appellate matter, contact us at 610-891-8806 to schedule a consultation.