Exceptionally Qualified to Handle an Ohio or Federal Appeal
We are proud to often be engaged by other law firms to represent their clients on appeal in the First District and Sixth Circuit, in addition to representing our own clients on appeal when necessary. We handle appeals involving all of our core practice areas – complex commercial litigation, trucking and other transportation accidents, and personal injury, and also in other areas when we are specially hired on appeal, such as constitutional law, employment law, domestic relations, child custody, and even criminal law at times.
We often notice firsthand the competitive advantage this gives our clients over opposing parties who instead use their trial counsel, who fall prey to procedural pitfalls and emphasize the wrong arguments.
Leadership in Ohio Appellate Practice
Alex J. Durst has continuously served as the Chair of the Cincinnati Bar Association’s Appellate Practice Group since 2018, after first joining the group in 2014 and serving as its Secretary from 2016 to 2018. In this capacity, Alex works closely with the Judges, Staff Attorneys and Administrators of the First District Court of Appeals to organize CLEs, update the legal community on local rule changes, court updates and other developments in the First District, and put on events bringing together the appellate bar and bench.
Alex emcees and presents at the Biennial Appellate Practice Group CLE, which typically includes a panel discussion featuring all six First District Judges. Alex was also appointed by the First District to its local rules committee in 2018.
Our record of successful appellate advocacy includes:
Argued and won a precedent-setting case before the Supreme Court of Ohio involving the right of indigent defendants to effective assistance of counsel, after being chosen to represent the Defendant on appeal.
Argued in the Massachusetts Appeals Court in case of first impression involving the application of Massachusetts’ Saving Statute, G. L. c. 260, § 32.
Won a complete “180-degree reversal” of a child custody decision awarding custody of child to biological father, resulting in an immediate award of custody to clients (the child’s longstanding foster parents), after being retained to represent clients on appeal. Following this result, the Guardian Ad Litem remarked that this result would make all the difference in this child’s life and future.
Obtained reversal of summary judgment decision on behalf of Plaintiff client
Successfully obtained interim relief such as stays of execution pending appeal in the First District and the Supreme Court of Ohio (including on an emergency basis).
Obtained complete dismissal on procedural grounds of appeal of substantial sanctions/attorney fee award obtained in favor of our client.
Adept at Navigating Procedural Issues on Appeal
Procedural issues that present in the course of an appeal can be nerve-wracking, especially to a lawyer who does not typically handle appeals. Questions arise such as whether the judgment at issue is “final and appealable,” whether collection efforts may occur during the pendency of an appeal, whether a stay of execution is available (and if so, the likelihood of success, whether a request can be made on an emergency basis, and whether a bond must be posted), and what to do if a Rule 60(B) motion or other unresolved matter remains pending in the trial court.
The attorneys at The Durst Law Firm have considerable experience navigating these and other complicated issues.
We are highly knowledgeable regarding:
- Securing the right to an appeal in Ohio state courts and the Sixth Circuit Court of Appeals
- General motion practice
- Seeking (or challenging) a stay pending appeal, including on an emergency, ex-parte basis
- Litigation of nuanced “final and appealable” order issues
- Ohio Supreme Court practice, including seeking the Court’s acceptance of a jurisdictional appeal, seeking a stay of an intermediate appellate court’s decision, motion practice, briefing, and oral argument
Always Looking Several Steps Ahead
When we are hired as appellate counsel, we are often brought in before the appeal has been filed.
Our services are not limited to appellate briefing, handling oral argument, etc., but include assisting trial counsel with preserving issues for appeal, ensuring procedural requisites for an appeal are satisfied, and drafting post-trial motions in anticipation of appeal.
Contact the Appellate Attorneys At The Durst Law Firm.
If you need an appellate attorney for an Ohio case, call The Durst Law Firm at (513) 621-4999 to discuss your options.
