The court appointed appellate counsel did not give an opportunity for me to address any issues with him, but there was a shoe print used to pu me at the scene but the shoe wasn't mine...it was a size 10.5, I wear a size 13. The discovery never was shared with me before trial. My cousin had to... Read more »
First, I am not a Georgia lawyer. That being said, your question does not address any res judicata matter. As for the withheld evidence certainly that is an appealable issue, and you should raise it on appeal.
Judgement was stamp filed on 09/17/2020. I never received Notice from the Court. I finally received electronic Notice from the plaintiff on 10/19/2020. Hold long do I have to file an Appeal? And on what date does the clock begin? On the Sept date that the judgement was entered or on the October... Read more »
First, I am not a California lawyer. That being said, the clock starts running when the final judgment is issued. So you have how many days provided by rule or statute to appeal from the September 17, date.
In the prior appeal, the defendants conceded a point. Based on that concession, the appellate court reversed and remanded. Post remand, the defendants argued the identical point and the trial court again sided it with them and dismissed the case based on the same issue that the appellate court... Read more »
First, I am not a California lawyer. That being said, was the "law of the case" argued before the trial court on remand? I would think that that doctrine applies here. But I can see how oral argument in the prior appeal could be cited in the current appeal, so I think the answer is "yes."
First, I am not a New York lawyer. That being said, I would think your first avenue of appeal would be to the New York committee or the New York lawyers who conduct the NY bar exam. In Maryland, that would be the State Board of Law Examiners, overseen by the Court of Appeals or the Administrative...Read more »
The tenant has interfered with the sale of the property for over a year ,badgering buyers. When the tenant learned the property sold he refused access to realtor and inspector along with non payment of rent and numerous lease violations the judgement was awarded and he was to be evicted. The escrow... Read more »
First, I am not an Arizona lawyer. But perhaps you can file a motion requesting the court to lift the stay, for all the reasons you have noted and any other reason having to do with the appeal. But it seems like the tenant is just stalling for time, so if the stay is not lifted, it shouldn't...Read more »
First, I am not a South Carolina lawyer. That being said, what a "remitted to [the] lower court" means is that the issue(s) on appeal has been sent back to the lower court for whatever proceedings can be scheduled. It also means that the appeal is over and that the lower court has the case back.
I had a contractor file misclassification case against my company with DES & IRS. I filed an appeal with DES after they determined she was an employee along with my other contractors, 2 of which were my mom and daughter. They took what she said for truth and never asked any of my other... Read more »
First, I am not a Kansas lawyer. That being said, usually just filing an appeal does NOT stay the lower court's judgment. The appealing party has to ask the lower court for a stay, generally by motion. You say that it has been 10 months since you filed your appeal--have you filed a brief yet?...Read more »
First, I am not an Oklahoma attorney. That being said, I suppose you are the "Appellee" so you must file a brief as the Appellee. Usually, the deadline for filing that brief is 30 days from the Appellant's brief (in this case, the State). And you should be sent a copy of the...Read more »
First, I am not a Nevada lawyer. That being said, were you represented by an attorney in the court below? If so, and if your attorney has not yet withdrawn his/her appearance, perhaps the appellate court is sending the information to your (former) attorney. If that's the case, your (former)...Read more »
First of all, I am not a Mississippi lawyer. That being said, your question has a simple and yet nuanced answer. You didn't describe "he" and you didn't describe what court--State or Federal. However, the simple answer is, usually, 30 calendar days from the final judgment. (That...Read more »
No, usually an "expedited" appeal is for a certain class of cases: adult guardianship, juvenile guardianship, child custody, etc. And it usually means that the deadlines for the transcripts, the record, and the briefs have been shortened-- so that the case will move along faster....Read more »
I have a juvenile dependency hearing on September 28th. A few weeks ago I filed a motion to strike neglect petition and a motion to vacate temporary custody. The attorney general asked the judge to strike the motions because I submitted them and not my lawyer. Is it a law that I have to use my... Read more »
If you are represented by an attorney, generally all motions, other filings and court appearances go through that attorney. There have times when a client files his own motions, etc. although that person is represented. But I would not think that should be grounds to strike those motions. So yes I...Read more »
A MTR was filed within the allotted time. It was marked by the court. It has now been 20 days and I have yet to hear anything. A contempt complaint that was filed at the same time, was scheduled within 15 days.
Unless there's a Rule limiting the court's time to respond, there's no time limit. However, if the motion is denied, that ruling will start the clock running on noting the appeal--if you want to do that.
First, I am not a SC lawyer. However, your question is vague. If an appellant misses the deadline to note an appeal, yes he is time barred. But if your question has to do with appeal briefs, he may be time barred if the appellant does not file a brief on time.
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