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Questions Answered by Charles William Michaels
1 Answer | Asked in Divorce, Appeals / Appellate Law and Libel & Slander for Maryland on
Q: "Brief to Appellate Court shall be securely bound along left margin". What is the standard way of doing it for judges?

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 »

Charles William Michaels
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Charles William Michaels
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 »

2 Answers | Asked in Appeals / Appellate Law for Maryland on
Q: I appeal a circuit court decision pro se. Judgment vacated & remanded 4 further proceedings. What should i do now

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

Charles William Michaels
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Charles William Michaels
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.

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2 Answers | Asked in Appeals / Appellate Law for New York on
Q: NY State Supreme Court dismissed my complaint on 10/14/2022. I want to appeal. Deadline to file notice of appeal?
Charles William Michaels
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Charles William Michaels
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.

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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Ohio on
Q: Hello. I am wondering if I can appeal a civil judgement in Ohio. The plaintiff is our previous landlord.

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 »

Charles William Michaels
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Charles William Michaels
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.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: I was denied a pistol permit under the pretense that a hospital said that I had a substance abuse problem.

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 »

Charles William Michaels
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Charles William Michaels
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.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New Mexico on
Q: Can a 2nd degree murder conviction risk becoming a 1st degree conviction upon appeal?
Charles William Michaels
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Charles William Michaels
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.

2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: Can I have a compensation if I win a criminal appeal and the Court of appeals reverse and dismiss the case.?
Charles William Michaels
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Charles William Michaels
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.

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for North Carolina on
Q: I was denied a motion to set aside default judgment. I submitted a motion to reconsider which was also denied. I am...

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 »

Charles William Michaels
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Charles William Michaels
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 »

1 Answer | Asked in Appeals / Appellate Law on
Q: Is a motion for relief from judgment (60 FRCP) possible against the final ruling of a court of appeals?

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 »

Charles William Michaels
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Charles William Michaels
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.

2 Answers | Asked in Appeals / Appellate Law and Landlord - Tenant for Tennessee on
Q: If i receive a eviction in a writ of possession case. I filed an appeal..does it stop the eviction until court date
Charles William Michaels
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Charles William Michaels
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 »

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1 Answer | Asked in Appeals / Appellate Law on
Q: In dispossessory proceedings the statute provides that an appeal shall be filed within 7 days of the date such judgment

Was entered.

The statute does not say 7 business days but only 7 days.

Is it correct to count actual days?

Charles William Michaels
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Charles William Michaels
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.

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for North Carolina on
Q: If I think the jury was prejudice in a civil trial, can I appeal it?

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 »

Charles William Michaels
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Charles William Michaels
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 »

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: I recently won an appeal in a breach of lease case during the case I filed an emergency motions to stay

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 »

Charles William Michaels
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Charles William Michaels
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.

1 Answer | Asked in Appeals / Appellate Law and Divorce for Arizona on
Q: My X is appealing com property split in our divorce. Am I required to respond to the appeal? I have no $ for an attorney

I'm in Arizona, a community state.

Charles William Michaels
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Charles William Michaels
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.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: What does “Affidavit for Dismissal of Notice of Appeal” mean in a criminal case?
Charles William Michaels
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Charles William Michaels
answered on Nov 7, 2022

I assume it is an exhibit / affidavit for a motion to dismiss the appeal.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Georgia on
Q: I filed an open default within the timeframe the law allows, paid the fee and filed my arguments. Can I appeal?

I filed many times teying to get thr Judge to respond. Is this action by the Judge legal?

Charles William Michaels
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Charles William Michaels
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...

2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: What happens when I lose a civil court case?

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?

Charles William Michaels
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Charles William Michaels
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.

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1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for South Carolina on
Q: Can I appeal as a mother if my lawyer missed the date to file an appeal and I didn't know about it until 1week b4 adopti
Charles William Michaels
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Charles William Michaels
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.

1 Answer | Asked in Wrongful Death and Criminal Law for New Jersey on
Q: Can you get immunity after lies under oath?Murder charge was dropped to 2nd degree robbery?

Even if procecutor or judge says you will do time if you lied?

Charles William Michaels
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Charles William Michaels
answered on Aug 31, 2022

I can't answer this question; this is not a question about any aspect of an appeal.

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: Appeals court AR- reversed in part, affirmed in part. How does a new order with the appeals revisions come about?

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 »

Charles William Michaels
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Charles William Michaels
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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