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An appeal is a proceeding that allows a higher Court to review a lower court's decision.  The most common reasons for an appeal from a decision by the Family Part are:

  • the court failed to make adequate findings of fact;
  • the court failed to follow the law (controlling statute, case law, or court rules);
  • the court failed to conduct a plenary hearing to resolve material issues in dispute; and/or
  • the court abused its discretion.

Appeals can only be taken from a final order or judgment.   An order or judgment is only final where it disposes of all issues as to all parties.  If an order is not "final", a party must file a motion requesting leave to appeal from the interlocutory order and only a small percentage of interlocutory appeals are granted.  The filing of a motion for leave to appeal, however, does not automatically stay the order or proceedings in the trial court.  Rather, a motion must be filed to stay an appeal.

If you are going to file a Motion for Leave to Appeal, it must be filed within 20 days of service of the Order. 

For appeals as of right, typically filed when a matter is over, in the case of a divorce, or upon receiving an Order resolving a post judgment motion, these must be filed within 45 days from the date of the Order or Judgment. 

Given the complexities involved with Appeals, we advise you to contact one of our experienced family law attorneys at 908-735-5161 at Gebhardt & Kiefer today.  We handle Appeals and family law issues throughout New Jersey.