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Questions Answered by Charles William Michaels
1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Is a turnover order in NY State of funds held in an escrow account appealable? Underlying judgment is being appealed.

The NY State court decided in favor of the other side, appeal pending. Court ordered that funds held in escrow be turned over to satisfy judgment before appeal is heard. Can this turnover order also be appealed? Will that keep funds in escrow until appeal is decided?

Charles William Michaels
Charles William Michaels answered on Dec 11, 2020

First, I am not a New York lawyer. That being said, what the appealing party should do is file a motion for stay, in either the trial court or the appellate court. The fact of an appeal doesn't automatically stay the judgment appealed from-- for that you need a motion for (a) stay.

2 Answers | Asked in Appeals / Appellate Law and Child Support for Georgia on
Q: How do you appeal a child support order when I found proof of $4000 he removed from our joint account and never replaced

We had an administrative hearing and my ex lied about a check I deposited into his account for child support. The account later became a joint account but he removed $4000 to his personal savings account that I had no access to. He claimed we both used the $5500 but I found proof after the hearing.... Read more »

Charles William Michaels
Charles William Michaels answered on Dec 9, 2020

First of all, I am not a Georgia lawyer. That being said, if you are within the time frame (according to your local/State rules), you first could file a motion for reconsideration, directed at the administrative hearing judge--detailing this issue. But beware that doing so does not affect your time... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Charles William Michaels
Charles William Michaels answered on Nov 28, 2020

A party has generally 30 days from the final judgment to appeal. If in the District Court the appeal goes to the Circuit Court.

2 Answers | Asked in Appeals / Appellate Law, Divorce and Child Custody for Maryland on
Q: If the plaintiff lose a case to the defendant, can the plaintiff file an appeal to have defendant trial twice?

The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?

Charles William Michaels
Charles William Michaels answered on Nov 28, 2020

Either party who is dissatisfied with the results in the trial court can appeal. If the case was in the District Court, the appeal goes to the Circuit Court.

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1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: appeal

Trial judge ruled in favor of plaintiff for 3775 dollars back rent in April 2018, defendant appealed May 2018. Defendant file Bankruptsy in July 2020, Bankruptsy, Discharged in August 2020. My debt not included in discharge. Does Bankruptsy by debtor have any effect on defendants appeal in circuit... Read more »

Charles William Michaels
Charles William Michaels answered on Nov 25, 2020

The bankruptcy by debtor/appellant should not affect the appeal, because plaintiff's debt was not included in the bankruptcy discharge. However, any further proceedings on the appeal are probably moot now. And if the debtor/ appellant has recently filed for bankruptcy, are there any funds left... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: We have to vacate our mobile home by Monday 11/23 can we file an appeal to stay longer?

I have my family who will be on the streets

Charles William Michaels
Charles William Michaels answered on Nov 18, 2020

First, I am not a California lawyer. But generally, taking an appeal does not stay the decision or judgment of the lower court or administrative agency. Along with the appeal, a party usually must file a motion to stay. And that usually requires some sort of bond or other security-- with the motion... Read more »

1 Answer | Asked in Appeals / Appellate Law, Adoption, Child Custody and Juvenile Law on
Q: How much time does a parent have to appeal a parental rights termination ruling? I was/am involved in a D & N case in ad

I had my parental rights terminated on 08/05/2020 . I feel like i got manipulated and played due to my diminished mental capacity.

Charles William Michaels
Charles William Michaels answered on Nov 18, 2020

Usually, a party has 30 days to appeal a final judgment of any trial court. Since your trial court ruling was on August 5, I would think that your appeal period has passed. BUT check your local appellate rules!

2 Answers | Asked in Appeals / Appellate Law for Virginia on
Q: HELLO, What is the diference to appeal vs file a complaying with circuit court?

THE CIVIL COURT RECOMMEND MY CASE TO BE TRANSFER TO CIRCUIT COURT TO VERIFY PROPERTY OWNERSHIP

Charles William Michaels
Charles William Michaels answered on Nov 18, 2020

First, I am not a Virginia lawyer. However, I would need some more context to answer your question. The difference between an appeal and a complaint filed with the trial court should be obvious. An appeal is after the parties have litigated an issue before the trial court, received a final judgment... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: Who files a post conviction relief after an appeal is part affirmed, part reversed and remanded?

A friend of mine in prison in Indiana has an appeal that was part affirmed and part reversed and remanded. Who files for post conviction relief now? Him or an attorney?

Charles William Michaels
Charles William Michaels answered on Nov 16, 2020

First, I am not an Indiana lawyer. But the fact that the appellate decision is in part to reverse and remand the case, I think there is a task that the trial court must do, before a post-conviction appeal is filed--only after the original appeal has been concluded should a post-conviction appeal be... Read more »

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: Is a memorandum decision in Indiana court of appeal the same as an opinion?
Charles William Michaels
Charles William Michaels answered on Nov 16, 2020

First, I am not an Indiana lawyer. That being said, I think the answer to your question is "yes."

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Tennessee on
Q: I’m filing a custody appeal, I have 10 days to file. Do I attach my brief with it Or can I file my brief within 30 dayS?

I am pro-Se. I know To file the notice of appeal is within 10 days but getting a brief written up in that short of time is near impossible. That’s why I was asking if the brief had to be attached to the notice of appeal or I had a certain time limit to file the brief. Thank you for your help

Charles William Michaels
Charles William Michaels answered on Nov 9, 2020

First, I am not a Tennessee lawyer. That being said, the notice of appeal and the eventual brief are separate documents. And generally, there's 1) the transcripts need to be ordered by you, 2) the record --including the transcripts--have to be forwarded to the appellate court by the trial... Read more »

2 Answers | Asked in Appeals / Appellate Law for Iowa on
Q: AFFIRMED IN PART AND REVERSED IN PART.What does that mean?

A mother appeals a child in need of assistance adjudication

Charles William Michaels
Charles William Michaels answered on Nov 9, 2020

First, I am not an Iowa lawyer. That being said: "Affirmed in part and reversed in part" is exactly what those words mean. The trial court ruling/ decision was affirmed in certain respect and reversed in other respect. It also means that the appellant won--for the part of the trial court... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Family Law for Oklahoma on
Q: Can you appeal a decision by a judge for a cancellation of adult guardianship?

The judge didn’t get to see specific details like the letter from the psychiatrist.

Charles William Michaels
Charles William Michaels answered on Nov 4, 2020

First, I am not an Oklahoma lawyer. That being said, I don't see why not--as long as your notice of appeal is within the time frame of the OK rules and it is from a final judgment.

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
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 Family Law and Appeals / Appellate Law for Oklahoma on
Q: Oklahoma supreme court filing deadlines?

When filing a writ of cert to the Oklahoma Supreme Court for a civil case, how does the filing deadline work? If you have 20 days to file from the date of the appelate courts opinion, do weekends count. What if the deadline day is on a Sunday? Was the petition due on the previous Friday or Monday?... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 27, 2020

First, I am not an Oklahoma lawyer. That being said, generally the weekend days DO count if the time period is less than 10 days. So if you have say, 20 days, to get a petition in, those are calendar days. BUT if the last day of the time period falls on a weekend day (or federal holiday) then the... Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law and Employment Discrimination for Pennsylvania on
Q: Is Terroristic threat considered a crime

A violent crime

Charles William Michaels
Charles William Michaels answered on Oct 23, 2020

It could be, depending on the circumstances.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Is a res judicata matter concerning a stale warrant an appealable issue in a wrongful murder conviction?

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 »

Charles William Michaels
Charles William Michaels answered on Oct 23, 2020

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.

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for Minnesota on
Q: After winning my appeal and granted a new trial the district attorney didn't pursue charges am I entitled to compensatio
Charles William Michaels
Charles William Michaels answered on Oct 21, 2020

Ordinarily, NO. But you can pursue that with the State's Attorneys office.

2 Answers | Asked in Appeals / Appellate Law for California on
Q: In the more information section 2 is this final judgment how long do I have to appeal and when does the clock start?

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 »

Charles William Michaels
Charles William Michaels answered on Oct 20, 2020

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.

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: Can the oral argument in the prior appeal be cited to support an argument in the subsequent appeal in the same case?

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 »

Charles William Michaels
Charles William Michaels answered on Oct 16, 2020

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."

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