Legal Question in Family Law in Ohio

If a divorce case is appealed to the State Appellate Court by the other party do I have to maintain a lawyer?

The case has already gone through the magistrate and a judge on appeal. If I do not appeal but the other party involved appeals is there reason for me to maintain a lawyer. My understanding is that the Appellate court will not hear new testimony but will instead review the case and decide on the facts that the other party wants to appeal. I would feel that it would be up to the other party than to provide the testimony to the case to the court and for the other party to write up the reason for the appeal? If I do not want to appeal what reason would I have to maintain legal representation if only to counter the points made but for what reason? All the information would have to be reviewed by the Appellate Court and they would see the information from the previous hearings.


Asked on 5/18/10, 7:16 am

1 Answer from Attorneys

Robert Kerpsack Robert W. Kerpsack Co., L.P.A.

I do not have enough information to answer your specific questions; however, it is generally advisable for the appellee in an appellate court proceeding to be represented by a lawyer. Based upon the available facts, I will not be representing you. I urge you to consult immediately with other lawyers regarding your potential legal rights. Your local bar association may have a lawyer referral service that can provide you with the names of some lawyers near you who handle these types of matters. In the alternative, you may want to contact the Columbus Bar Association Lawyer Referral Service (telephone number 614-221-4112; web address http://www.peoplesbar.org/findingalawyer/referral_form.php). I am sorry I cannot help you.

Bob Kerpsack

Phone: 614-766-2000

Fax: 614-766-2005

Email: [email protected]

Website: www.rwklaw.com

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Answered on 5/24/10, 3:12 pm


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