David is a skilled and experienced writer who will clearly and persuasively set forth your legal arguments to the RI Supreme Court. David will passionately advocate for your legal position in oral arguments before the Court.
You can contact Rhode Island Divorce Lawyer David Slepkow at 401-437-1100. Also , please visit David's Family Law Blog at http://www.rhodeislanddivorcelawyerarticles.com
Under Rhode Island Law, a litigant has the right to appeal any final Order, Judgment or Decision of the Rhode Island Family Court to the Rhode Island Supreme Court.
In the event that there is no final decision in the case, a person aggrieved by an unfair order or decision can seek a "Writ of Certiori" to the Rhode Island Supreme Court. A Writ of Certiori is essentially asking the RI Supreme Court to review the case and overturn the incorrect decision.
Please visit David's website at http://www.slepkowlaw.com/
Under established Supreme Court precedent, the Rhode Island Supreme Court can determine an appeal and can use its inherent supervisory powers to fashion a remedy. The RI Supreme Court could do anything including:
As part of your appeal you can ask the Supreme Court to Stay the order of the Family Court pending a determination of the appeal.
If the answer to any of the following questions is yes, you should seek a free appeal consult with Rhode Island Divorce and Family Law Appellate Attorney David Slepkow (401)-437-1100. Rhode Island Appeal Lawyer David Slepkow will evaluate the merits of the potential appeal to the RI Supreme Court.
1.) Have you been denied an evidentiary hearing by a Judge of the RI Family court?
2.) Has a Rhode Island Family Court Judge committed an error of law or fact?
3.) Has the Judge refused to consider your point of view?
4.) Were you wronged by an unfair order that you never agreed to, that was issued in a backroom conference without a hearing?
5.) Did the judge issue an order or decision after trial or hearing that is financially impossible to comply with?
6.) Have you or your child been treated unfairly by a RI Family Court Judge?
7.) Has the judge overlooked, ignored or refused to consider important evidence or information?
8.) Is your case being continued incessantly by the judge in a manner that is hurting your legal position and allowing the other side to get an unfair advantage.
9.) Did the Judge issue a custody decision that was not in the best interest of you child?
If you feel that you have been wronged by a decision of a Rhode Island Family Court Judge then you have a legal right to seek appellate review. If there has been a final decision on your case, the proper process may be filing an appeal to the Rhode Island Supreme Court.
If the entire case has not been completely decided but you have been wronged by an order or decision of a judge, then you may need to file a petition to The Rhode Island Supreme Court seeking a writ of certiori .
If you have been wronged by a decision of a Family Court Magistrate or General Magistrate, you can appeal directly to the Chief Judge of the Rhode Island Family Court without the time and expense of appealing to the Supreme Court.
Please be aware that Supreme Court appeals are very time consuming for a Lawyer and are expensive ( 4k -10k plus)
***"In light of our acquaintance with this divorce proceeding and the fact that we have the complete record before us, we decline to remand this case for a recalculation of equitable distribution of the marital assets or alimony. The level of rancor between the parties and counsel and the unfortunate posture taken by the trial justice have prompted us to direct the remedy in this case. Although we seldom deem it necessary to resort to our inherent supervisory powers to fashion remedies, we have done so on occasion to end seemingly interminable litigation. This case presents us with such a controversy. See Lancellotti v. Lancellotti, 543 A.2d 680, 682 (R.I.1988); Cheetham v. Cheetham, 121 R.I. 337, 342, 397 A.2d 1331, 1334 (1979). “[W]e have all the necessary information available to us such that we may use our inherent power to apply tenets of justice and fairness to the factual findings of the [trial] justice, and fashion an appropriate remedy. Tanner v. Town Council of East Greenwich, 880 A.2d 784, 801 (R.I.2005)."
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Legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.
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Rhode Island Divorce Lawyer Concentrating in Divorce Law, Child Custody, Child Support, Family Law, Adoptions, Personal Injury, Car / Auto Accidents & Criminal Law. Free Initial Consults. Evening and Weekend Appointments Available. Credit Cards accepted.