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?
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.
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 »
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 »
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?
A party has generally 30 days from the final judgment to appeal. If in the District Court the appeal goes to the Circuit Court.
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?
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.
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 »
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 »
I have my family who will be on the streets
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 »
I had my parental rights terminated on 08/05/2020 . I feel like i got manipulated and played due to my diminished mental capacity.
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!
THE CIVIL COURT RECOMMEND MY CASE TO BE TRANSFER TO CIRCUIT COURT TO VERIFY PROPERTY OWNERSHIP
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 »
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?
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 »
First, I am not an Indiana lawyer. That being said, I think the answer to your question is "yes."
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
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 »
A mother appeals a child in need of assistance adjudication
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 »
The judge didn’t get to see specific details like the letter from the psychiatrist.
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.
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?
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 »
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 »
A violent crime
It could be, depending on the circumstances.
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.
Ordinarily, NO. But you can pursue that with the State's Attorneys office.
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."
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