Are there any photographs of properly bound briefs, so that I know how to conform to what is expected? Maryland Rules do not go into sufficient detail.
I have been forced to be a Pro Se defendant, in appealing to the Appellate Court of MD. My wife, a former attorney, has successfully... Read more »
answered on Mar 6, 2023
The brief should be "spiral bound" along the left margin. Staples are not accepted. Any quality copy center or brief printer should be able to help you. And if you are the appellant--the brief cover must be yellow, as well as the record extract. The brief should be printed on ONLY one... Read more »
I like to know whether i should file a new suit or the entire case filed earlier will continue since the md court of special appeals vacated and remanded the judgment for further proceedings. I will obviously need to hire an attorney going forward. Yet i like to know my available recourse
answered on Dec 9, 2022
With a remand for further proceedings, you should not have to do anything. The circuit court will get the case back from appellate court, and the circuit court case will start up again. You should receive notice when that should happen.
answered on Nov 12, 2022
Usually, the notice of appeal is just that. A simple two sentence notice, with the case caption and signature and certificate of service. But in the information report or case summary report which usually has a strict deadline, that information is required.
She won a 15k judgment based on nothing but lies. We have to pay 10k just for floors and walls to be painted when they look EXACTLY like they did when we moved in. We didn’t have pictures in court but now we do (we dug through our camera rolls and found tons) we moved in and the floors were awful... Read more »
answered on Sep 2, 2022
First, I am not an Ohio lawyer. That being said, an appeal is always an option. Check the court rules about when you must note an appeal, and the next steps after that. It seems from your story that you might have an appeal issue.
I do not have ANY SUBSTANCE ABUSE problem. My last drink was on July 4 of 2021! I have never been involuntary admitted to any substance abuse facility. I don’t use any drugs at all either and I haven’t In well over a year. I want to appeal the decision but I’m not sure what to do or if I need... Read more »
answered on Aug 10, 2022
There is not an appeal "question" in this post. I am not a NC lawyer, but if you truly want to appeal the decision, I would recommend legal representation. A core issue to be addressed on appeal is why do you need a pistol permit.
answered on Aug 10, 2022
Ordinarily, no. The conviction is the conviction. Perhaps, if the result on appeal is a vacating of the conviction, then maybe you are at square one--but the double jeopardy clause can perhaps be applied in that scenario.
answered on Jul 27, 2022
Usually, no. There is no "compensation" just because you have succeeded in your appeal. But there may be other avenues for damages or compensation, upon the dismissal of your case based on your success on appeal. But I'm not a Texas attorney.
Going To appeal the denied motion to set aside default judgment. Can I use the trial transcript from the motion to reconsider as evidence in my appeals case? In this instance, comments made by the judge and the plaintiff in that hearing would be highly beneficial to my appeal and should further... Read more »
answered on Jul 21, 2022
First, I am not a North Carlonia attorney. But from your question, the answer is YES. The appellate court usually receives the entire record from the trial court--including any transcript (assuming you have ordered them). So the transcript of the motion for reconsideration or any other transcript... Read more »
Sorry, i'm a brazilian masters student conducting legal comparative studies about post-final judgment remedies. I've seen rule 60 (FRCP) allows relief from judgment on excepcional grounds, but apparently it only applies to the final judgment of the trial court. Could a party try to obtain... Read more »
answered on Jul 19, 2022
That's an interesting question. Without some research, I would say that the answer is no. But there's always a petition for en banc review in the federal appellate system, that is also a "relief" from a final judgment (decision) of the initial three-judge panel. But that has a time limit.
answered on Jul 13, 2022
First, I am not a TN lawyer. However, I agree with the previous answer. Usually, an appeal alone does not stop the trial court's judgment nor an enforcement of that judgment. A motion to stay the judgment must be filed, generally requiring a bond. But check your appellate rules as to when a... Read more »
The statute does not say 7 business days but only 7 days.
Is it correct to count actual days?
answered on Apr 11, 2023
Usually, any time less than 5 days, you count calendar days. So with 7 days to take any action, it's 7 calendar days. So yes, you should count actual days.
Our landlord never fixed anything in the building we were renting for our business and we couldn't open. Back at Covid, he told us not to worry about rent "until we were up and going". The roof was leaking and ruining the carpet with mold and the AC/heat never worked. We ran a sports... Read more »
answered on Mar 1, 2023
First, I am not a North Carolina lawyer. But if you think the civil jury was prejudiced, you possibly could appeal that ONLY IF you or your trial counsel made an objection to the makeup or composition of the jury AND the trial judge overruled that objection. The appeal process is usually focused on... Read more »
During the appeal case, my landlord attempted to have me removed from the property because the original case was in her favor for restitution of the apartment. I filed for emergency motions to stay because I had appealed the case and motions to stay was ordered I paid a bond of $250 once I paid... Read more »
answered on Jan 31, 2023
As far as I am aware, the stay and bond "freezes" the case. No rent is due during the stay, the bond should cover that.
I'm in Arizona, a community state.
answered on Jan 16, 2023
I am not an Arizona lawyer. However, you should respond to the appeal, a short brief on your behalf responding to original brief will do. Check the AZ appellate rules regarding format and filing of briefs.
answered on Nov 7, 2022
I assume it is an exhibit / affidavit for a motion to dismiss the appeal.
I filed many times teying to get thr Judge to respond. Is this action by the Judge legal?
answered on Oct 16, 2022
I regret that your question did not contain enough information to formulate an answer. For example, what is the case about? You said you have filed your "arguments"--that still does not give me enough information. And can you appeal--still not enough information...
What are the maximum amount of losses if I lost a civil court case? What is the maximum amount of money that I need to put in, for a civil court case?
answered on Sep 22, 2022
Strange question. It depends on how much the plaintiff sues for, if s/he wins that amount it's a win for the plaintiff.
answered on Sep 2, 2022
First, I am not a South Carolina lawyer. That being said, unfortunately if the appeal deadline has been missed -- for whatever reason-- I think your appeal period has closed.
Even if procecutor or judge says you will do time if you lied?
answered on Aug 31, 2022
I can't answer this question; this is not a question about any aspect of an appeal.
Hearing May 2021 awarding father joint custody after moving with a distance of childrens school. Father does, begins joint. Mother appeals courts decision. Appeals court reversed in part, affirmed in part. Reversed the distance requirement but agreed custody should have changed but without the... Read more »
answered on Aug 8, 2022
I would think that the appellate court would issue an order, stating precisely what has to be done in the trial court.
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