Appeals

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 as follows: (1) the court failed to make adequate findings of fact; (2) the court failed to follow the law (controlling statute, case law, or court rules); (3) the court failed to conduct a plenary hearing to resolve material issues in dispute; and (4) 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.

An emergent application may be filed in the Appellate Division where irreparable damage would result if the party were to proceed with the timetable of a regular appeal or motion. Interim relief sought on an emergent application may include, for example, a stay of an order below to preserve the "status quo" pending appeal; to compel affirmative relief pending appeal or on a permanent basis; and clarification or reversal of an evidentiary ruling made by the trial court. An applicant seeking emergent relief must establish (1) that the issue is truly emergent and cannot proceed as a regular appeal or motion; and (2) a reasonable likelihood of success on the merits.