Appellate Attorney Fees

Chaney v. Clarion Health Partners, Inc. (Ind. Ct. App. March 22, 2012)

- Originally published March 22, 2012

This decision on rehearing offers little substitutive interest to practitioners but does bring up an interesting strategic and procedural point. In this case, the Court of Appeals affirmed its initial order awarding appellate fees and costs but modified its published decision based on two errors pointed out by the parties seeking rehearing.

This case demonstrates the Court of Appeals willingness to correct or modify its opinions on rehearing when pointed to specific errors or misstatements. However, the ultimate effect of the order in this case provided no relief to the parties seeking rehearing. Parties faced with an unfavorable appellate decision sometimes face a difficult decision of whether to seek rehearing or petition the Supreme Court for transfer. The odds of obtaining favorable relief through either procedure are long, but in certain circumstances parties must seek such relief. Petitions for rehearing are especially difficult to win. Parties are not simply going to convince the Court of Appeals it was wrong based on new argument or repeated argument. Even if the party points out clear factual errors made by the Court of Appeals, chances are, any such errors did not affect the ultimate outcome of the initial opinion. Although a petition for rehearing is certainly an important part of appellate practice, practitioners should recognize that only clear and substantial errors by the Court of Appeals will lead a panel to reconsider the outcome of its initial opinion. Often, practitioners can better serve their cause and their clients by forgoing the petition for rehearing and proceeding directly to the petition to transfer step.

Barrett McNagny LLP

Legal Disclaimer

The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.

Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you.

Any links to other websites are not intended to be referrals or endorsements of those sites.

Privacy Policy

Terms of Use

ADA Compliance

Transparency Cover Rule: Machine-Readable Files

Contact Us
My name is
and I am a(n)
seeking legal counsel in the area of 
me at
as soon as you can.

Thank you for contacting us!

A representative will be in touch with you shortly.

An attorney-client relationship will NOT be formed merely by sending an email to Barrett McNagny, LLP or to any of its attorneys. Please do not send any information specific to your legal needs until you obtain approval from a Barrett McNagny, LLP attorney, as the content of such email will not be considered confidential or privileged. By sending us an email, you confirm your understanding of this notification. If you agree, you may use the e-mail links on this page to contact an attorney.