§ 28-35-28 - Appeal to appellate division.
SECTION 28-35-28
§ 28-35-28 Appeal to appellate division.– (a) Any person aggrieved by the entry of a decree by a judge may appeal to theappellate division established pursuant to this section by filing with theadministrator of the court within five (5) days of the date of the entry of adecree, exclusive of Saturdays, Sundays, and holidays, a claim of appeal and,subject to the rules of the court, by filing a written request for a transcriptof the testimony and ruling or any part thereof desired. Within any time that ajudge shall fix, either by an original fixing or otherwise, the appellant shallfile with the administrator of the court reasons of appeal stating specificallyall matters determined adversely to him or her which he or she desires toappeal, together with so much of the transcript of testimony and rulings as heor she deems pertinent, and within ten (10) days after that the parties mayfile with the administrator of the court those briefs and memoranda that theymay desire concerning the appeal. The chief judge shall appoint appellatepanels of three (3) members of the court to hear any claim of appeal and thedecision of the appellate panel shall be binding on the court. The three (3)members of the appellate panel shall immediately review the decree upon therecord of the case and shall file a decision pursuant to the law and the fairpreponderance of the evidence within ten (10) days of the expiration of thetime within which the parties may file briefs and memoranda. Upon considerationof the appeal, the appellate panel shall affirm, reverse, or modify the decreeappealed from, and may itself take any further proceedings that are just, ormay remand the matter to the trial judge for further consideration of anyfactual issue that the appellate division may raise, including the taking ofadditional evidence or testimony by the trial judge. It shall be within theprerogative of the appellate panel to remand a matter to the trial judge. Ifthe decision requires the entry of a new decree, notice shall be given theparties, and the new decree shall be entered in the same manner as the originaldecree, but if the decision of two (2) appellate panel judges does not requirethe entry of a new decree, the decree shall be affirmed. Any member of theappellate panel may, for cause, disqualify himself or herself from hearing anyappeal that may come before the appellate panel.
(b) The findings of the trial judge on factual matters shallbe final unless an appellate panel finds them to be clearly erroneous. Thecourt may award costs, including reasonable attorney fees, to the prevailingparty when the appellate panel finds there was complete absence of ajusticiable issue of either law or fact.