Appealable Orders in Family Law

• Publication year: 1997
• Pages: 43

26 Colo.Law. 43 Colorado Lawyer 1997.

1997, December, Pg. 43. Appealable Orders in Family Law

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43

Vol.26, No. 11, Pg. 43

The Colorado Lawyer
December 1997
Vol. 26, No. 12 [Page 43]

Specialty Law Columns
Family Law Newsletter
Appealable Orders in Family Law
by Anne Whalen Gill, Sandra I. Rothenberg

Family law practitioners have had understandable difficulty in determining which orders are appealable and when to appeal in family law cases. Complications have arisen because trial courts have continuing jurisdiction over issues involving parental rights, child custody, and child support, and frequently multiple parties and orders are involved

The goal of this article is to clarify the types of orders that are appealable in family law cases

Orders That Are Appealable

The Colorado Supreme Court has ultimate appellate jurisdiction over all final decisions of the district courts and the probate and juvenile courts of the City and County of Denver, and initial appellate jurisdiction over a limited class of appeals. However, most direct appeals from district courts are filed in the Colorado Court of Appeals with later review sought in the Supreme Court. No writ of certiorari to the Supreme Court will issue unless a petition for rehearing has first been filed in the Court of Appeals.1

Importantly, appeals from the county court must be filed in the district court. Thereafter, further review is by certiorari to the Supreme Court. It is not to the Court of Appeals.2

The Court of Appeals is a statutorily created court, and with certain exceptions, its jurisdiction is limited to appeals of final judgments of the district courts. The term "judgment" includes an appealable decree or order.3

A final judgment is one that disposes of the entire litigation and leaves nothing for the court pronouncing it to do in order to resolve the rights of the parties completely.4 The judgment must be written and signed in all cases, and the date of entry is the date set forth in the written judgment.5 Absent a final judgment, the appeal will be dismissed without prejudice.

The date judgment is entered is crucial because it triggers the time to appeal. Time limits for filing post-trial motions and the notice of appeal are calculated from the date of entry of judgment, unless notice of entry of judgment is mailed to the parties or unless there is a separate provision extending the time for mailing. Then, the date of mailing triggers the time to appeal, but no additional time is allowed for mailing.6

Resolution of costs is irrelevant to the determination of the date final judgment is entered.7

Magistrate's Rules

Knowledge of the Colorado Rules for Magistrates is increasingly important because many initial decisions in family law cases are being made by magistrates.

In order to appeal a magistrate's order, a motion to review the order must be filed in the district court within fifteen days of entry of the magistrate's order Otherwise, the magistrate's order becomes final and is not subject to appeal.8 Note that the motion to review must be actually filed within the fifteen days and not simply mailed. No filing provision allows additional time for...