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Alabama Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Personal Injury, Car Accidents and Civil Litigation for Alabama on
Q: How should you transition to a new lawyer for a civil appeal?

I contacted an appellate attorney for consideration of a civil appeal/post-trial actions, but they said they couldn't discuss anything with me according to AL law, because I was already represented. Is there an official way to sever relations with my current attorney? I am concerned about the... Read more »

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Nov 15, 2022

Normally, you are simply going to terminate the lawyer. This ends the relationship. It might, however, be wise to seek the lawyer's advice regarding an attorney for the appeal. It may be difficult to find another attorney within the time limits for appeal if you have terminated one attorney.

1 Answer | Asked in Tax Law, Appeals / Appellate Law and Collections for Alabama on
Q: How can a hospital put a claim on my taxes that's over 5 years old
Nelson Craig Johnson
Nelson Craig Johnson
answered on Mar 15, 2022

The income tax refund intercept program helps the State of Alabama recover funds from individuals who have not paid debts owed to the State. In 1981, the Alabama Legislature passed an Act that authorized the Department of Revenue to intercept refunds from individuals owing balance to certain State... Read more »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Alabama on
Q: Should I appeal my case if my employer is saying I quit when in fact I did not,?

I had to take a temporary leave of absence to take care of my disabled son while his mother an I also grieved oven the loss of our new born son.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 21, 2021

More information is needed to answer your question. You should contact an Alabama employment attorney to discuss your situation in further detail.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: I need a criminal and civil rights defense attorney can you help me?
Tim Akpinar
Tim Akpinar
answered on Feb 2, 2021

An Alabama attorney could advise best, but your post remains open for three weeks. I'm sorry you're still awaiting a response, but this forum isn't set up for attorneys to reach out to help you - you have to reach out to them. This is only a Q & A Board, not an attorney referral... Read more »

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Small Claims for Alabama on
Q: How can I have a judgment against me when I’ve never been contacted about any debt?

I am trying to sell my home and my title came back that there is a judgment against me that was filed a year ago. I have never been contacted about this and I have always paid my bills in full, on time. How can they do this without notifying me and how do I fight back? How do I find out who is... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2020

An Alabama attorney could advise best, but your question remains open for two weeks. As a general matter, depending on state codes of civil procedure for service of process, one possibility is that the creditor could have told the court that they satisfied requirements for proper service and was... Read more »

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: If I’m charged with assault 2nd can I appeal, my boyfriend was beating me and I stabbed him?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Oct 28, 2020

First, I am not an Alabama lawyer. That being said, of course you can appeal--but what are the issues on appeal. Did you advance a defense of justifiable assault or a similar defense. Was this a jury trial or a bench trial. And was a final judgment issued as yet?

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for Alabama on
Q: What does this mean when there is no period listed as disqualification? Do I need to file an appeal or get a lawyer?

"Discharge for Misconduct: You will be disqualified for the period indicated and the maximum amount of benefits to which you may become entitled after the disqualification period will be reduced."

Also, there was no misconduct on my side. I have the entire termination process... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2020

An Alabama attorney could best advise, but you await a response for four weeks. From your description, this looks like a matter related to termination and eligibility for unemployment benefits. You could repost and add Employment Law as a category, or you could reach out to Alabama employment... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Alabama on
Q: Is the conviction of Possession of burglar's tools eligible for expungement if the sentence was a fine?

the tools were handy man tools of a black handy man stopped by police

Travis T Juneau
Travis T Juneau
answered on Aug 20, 2020

This entirely depends on what you mean by sentence, if the case was dismissed upon payment of a fine or court costs then maybe. If he was convicted and then a fine imposed the answer is no.

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: If I appeal a will decision to circuit court due to a fraudulent deed do I need to file a lawsuit for adverse posession.

I purchased land from my family in 1989. I mortgaged and paid it off in 2006. When I paid it off I discovered my mother had forged my name on a deed and recorded it in 1996 when I had a severe car wreck. I demanded she deed it to me and she refused. I could not afford a lawyer as I became disabled.... Read more »

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Aug 19, 2020

First I am not an Alabama lawyer. That being said, I don't think you should initiate parallel litigation by filing an adverse possession lawsuit, but I think that you should file a motion with the lower court to "stay the judgment." That is, just filing an appeal does not ordinarily... Read more »

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: Once you accept a plea deal is it possible to appeal even though you waived your right to appeal?

If you didnt receive adequate representation by your court appointed attorney,wasnt fully aware of what this agreement meant,district attorneys office lost evidence,attorney was "too busy" to show up for my arraignment, court clerk alters my plea agreement after it was signed and judge approved it

Sheila Crumley Field
Sheila Crumley Field
answered on Jul 30, 2020

You can file a motion to set aside the plea if it’s been less than thirty days. If it’s been longer than 30 days you can file a rule 32 based up ineffective assistance of counsel.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Gov & Administrative Law for Alabama on
Q: What is the best approach to filing a appeal with ninth circuit Court of appeals?

What type of attorney would I need when dealing with this type of case?

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2019

It would depend on what the matter involves; your posted categories cover several areas. Find an attorney who handles appeals in the area that your case involves. You could look up attorneys on this site or through your own independent searches. Without knowing anything about the subject matter of... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Alabama on
Q: My friend was convicted by false testimony
Gary Kollin
Gary Kollin
answered on Nov 2, 2019

Thank you for sharing

No question asked

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Federal Crimes and Municipal Law for Alabama on
Q: Hi, can someone please assist me in understanding in what jurisdiction do I hire an attorney please.

During the time my husband was serving time in Georgia, he missed 2 court appearances in Alabama. Alabama now has him being held for extradition in the grounds of fugitive of justice. His time served in Georgia was ended on 3/24/19, However, Georgia is saying they can hold him as long as Alabama... Read more »

Gary Kollin
Gary Kollin
answered on Mar 28, 2019

You could have possibly saved your husband a considerable amount of jail tome if you would have hired an attorney in Alabama when he was serving his sentence. The attorney could have had your husband transferred to Alabama undwr the Interstate Agreement on Detainers.

He will always need an...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Alabama on
Q: Are there any Juvenile Court Pro Bono Lawyers in Alabama?

Issues with DHR, I want my kids back and I want them out of my life. I still don't know the results of their investigation they began in February. Never received a letter of indicating or not indicating child abuse/neglect. Never failed their drug test, they have been harassing me. Filed for... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 10, 2018

You need a lawyer to represent you. I don't know of anyone who does this for free in your jurisdiction. You should call the bar association in the county where the case is and get some help.

1 Answer | Asked in Appeals / Appellate Law and Divorce for Alabama on
Q: During divorce appeal process, AL my spouse remarried, bought new home.Appeal reversed ..I have any financial claim?

Forced to sell our jointly owned marital new home by court.Judge stopped my alimony, I became hungry,etc. House payments and upkeep all mine. Unemployed,recent knee surgery, court said I would be in contempt if not sold in 120 days. This order dated Nov 1. Not real estate agt.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 11, 2017

I can't understand from your question where you are in the appellate process. You spouse could not have remarried with a pending appeal. THe appeal stays the final order. You need to try to ask this again.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Alabama on
Q: Can I stop ex-husband from moving to MI with my two children? He says I missed the court date, but was never notified

He sent certified letter and never received it. I was handed the letter while in court it was a return to sender. I asked for more time was granted, Court never sent papers of hearing for later date, and never received info on the matter. Was told by ex-husband I missed court on September 6th 2017... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 3, 2017

What county are you in? Did you inform the court of your address? Were you served?

1 Answer | Asked in Estate Planning, Appeals / Appellate Law, Juvenile Law and Land Use & Zoning for Alabama on
Q: Can a trustee be replaced with a conservator because trustee is incompetent (82 yrs old/unhealthy/nearly deaf)? Case?
Jack T. Carney
Jack T. Carney
answered on Jun 15, 2017

If a Trustee serving under a trust agreement becomes incapable of serving in his or her role, a beneficiary can petition a court to remove that Trustee and replace them with a successor Trustee pursuant to the terms of the document. If the document has no provisions for a successor or if, for... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Municipal Law for Alabama on
Q: Bondsman robbed me, can I still appeal my conviction, if the appeal for a supersedes bond never did get filled out?

He said a 4th amendment violation would not hold up in musical court, that I needed to do a supersedes bond and go to 12 man jury. He explained that I would need to pay my bondsman 10% of the bond fee, which was $75 for each charge, which was 2, and he would take care of the paperwork. I had 14... Read more »

Samuel G McKerall
Samuel G McKerall
answered on May 27, 2017

The answer is no, you can't. The deadline for filing a notice of appeal is jurisdictional. That means if it is not filed within the time alotted the court to which you are trying to appeal is without jurisdiction to hear the case and there is nothing that can be done about that. Officially,... Read more »

1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Civil Litigation for Alabama on
Q: What to do when you've signed an arbitration agreement & days later find that the auto dealer has committed fraud?

The dealer represented that a car had only been listed as used because the owner of the dealership used it for a short period of time & knowing that the owner had intentions of selling the car, I assumed that it was well taken care of. I was originally interested in a new car but a taken care... Read more »

Samuel G McKerall
Samuel G McKerall
answered on May 5, 2017

You're out of luck. You can't buy a car from a dealer anywhere without having to sign an arbitration agreement. You signed it. You're stuck with it.

Your damages are minimal, if any. You thought you were buying a car with 4,000 miles on it and you got a car with 4,000...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Public Benefits for Alabama on
Q: I have been notified that my former employer is appealing the award of my unemployment benefits from the OESC.

My former employer has retained 3rd party help to represent them at the hearing. I assume they are lawyers. Do I need legal representation for this hearing? Also, I live in Alabama, but it is the OESC that is handling my claim.

Marshall Jason Ray
Marshall Jason Ray
answered on Mar 19, 2016

Although Unemployment Insurance appeal hearings are typically less formal than a court setting, you could be at a considerable disadvantage if your employer has representation and you do not. The third party representing your employer is not necessarily an attorney, as non-lawyers are usually... Read more »

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