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Questions Answered by Charles William Michaels
1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: What does remitted to lower court mean on a appeal document?
Charles William Michaels
Charles William Michaels answered on Oct 5, 2020

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.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Kansas on
Q: In MO if I filed an appeal with DES 3 times over 10 months how long does the state have to reply back to me?

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 »

Charles William Michaels
Charles William Michaels answered on Oct 5, 2020

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 »

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: How should a response to an appeal look like? What information should be included?

Judge ruled in my favor to have my child returned to me but state is appealing.

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

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 »

1 Answer | Asked in Appeals / Appellate Law for Nevada on
Q: I never had a lawyer on my case and filed an appeal with my adress on it why haven’t I received any mail with the orders
Charles William Michaels
Charles William Michaels answered on Sep 21, 2020

I attempted to answer this question earlier. CALL the clerk of the appellate court, that's the first thing you should do.

1 Answer | Asked in Appeals / Appellate Law for Nevada on
Q: Why won’t the courts mail me any of this information as my adress is on my appeal.

How am I supposed to know what’s going on

Charles William Michaels
Charles William Michaels answered on Sep 21, 2020

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 »

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If chrisshawn was able to get appeal motion approved what would happen next
Charles William Michaels
Charles William Michaels answered on Sep 16, 2020

Your question doesn't give enough information to formulate an answer. What motion? What was the relief/ request in the motion? Regretfully, I don't have an answer for you.

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: How long does he have to file a notice of Appeal?
Charles William Michaels
Charles William Michaels answered on Sep 15, 2020

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 »

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Hello, I have filed a writ of mandamus and the status with the Court is "awaiting answers". Answers from whom?
Charles William Michaels
Charles William Michaels answered on Sep 12, 2020

Answers, I suppose, from whoever is on the other side. There must be some one or some entity who is required to respond.

1 Answer | Asked in Appeals / Appellate Law for Wisconsin on
Q: Does an expedited appeal mean once everything is filed it goes to the top of the list for the court to decide
Charles William Michaels
Charles William Michaels answered on Sep 11, 2020

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 »

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: If Review is denied by a State Sup. Court on an civil Appeal, can SCOTUS Mandamus relief be sought, or just Writ of Cert

In other words if a Writ of Certiorari is an option, would Manmadus relief be denied due to the writ of certiorari being an available remedy option?

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

I think as long as the writ is an available option, the court will look to that option.

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: If a judge strikes your motion because you filed pro se when you have counsel can you appeal that decision?

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 »

Charles William Michaels
Charles William Michaels answered on Sep 7, 2020

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 »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Pennsylvania on
Q: Once a Motion To Reconsider is filed and marked by the court, does the Judge have a time limit to respond...if at all?

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.

Charles William Michaels
Charles William Michaels answered on Sep 3, 2020

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.

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: In an appeal if the accused misses his deadline he is time barred and he loses what happens if the state misses it?
Charles William Michaels
Charles William Michaels answered on Sep 2, 2020

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.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: I won my case for eviction my ex was given 15 days to move she appeal can she stay while waiting on the new court date?

I own my house my ex-friend name isn't on anything she doesn't pay rent or any bills she do buy food every now and then we been living together for 5 years she doesn't clean and damage my home. I have ask here to move many times because of her drinking and drug problem the police... Read more »

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

First, I am not a North Carolina lawyer. That being said, I think--unless there's an exception in NC law that I don't know about-- the filing of any appeal does not automatically stay the ruling or any order in the trial court (or any agency, etc.). The appellant must file a motion to... Read more »

1 Answer | Asked in Appeals / Appellate Law and White Collar Crime for Tennessee on
Q: For a Federal White Collar crime, how soon before your surrender date do you need to file for an appellate bond?

We think we have a great case for an appeal (the judge himself said to appeal his own sentence at least 5 times during sentencing) so we really want him to stay out while appealing. My husband was sentenced to 2 years in Federal Camp (all he was convicted of was illegal remuneration and was... Read more »

Charles William Michaels
Charles William Michaels answered on Aug 21, 2020

First I am not a Tennessee lawyer. That being said, generally a party (civil or criminal) has 30 days to note an appeal, with the bond accompanying that. That's 30 days after sentencing date, whether your lawyer notes the appeal or you do. But I think that an appeal in a criminal case does not... Read more »

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
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 »

2 Answers | Asked in Appeals / Appellate Law and Arbitration / Mediation Law for Maryland on
Q: Do arbitrators intervene in appeal of arbitration awards?

I have filed a motion to vacate an arbitration award which was administered by an arbitrator employed by the Attorney General’s office. The AG has filed a motion to intervene as well as a motion to dismiss. This seems unusual. Do arbitrators normally become involved in the appeal process?

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

No, in my experience arbitrators do not usually become involved in the appeal process. But what is your question directed to, concerning the appeal process or your case?

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1 Answer | Asked in Appeals / Appellate Law on
Q: I want to file a case against my parents.
Charles William Michaels
Charles William Michaels answered on Aug 10, 2020

I'm sorry, but I cannot answer this question without more information than you have posted in your question. What kind of case? How did it arise? How old are you? Is this original litigation or an appellate matter? What's the deadline? What's the jurisdiction? Etc.....

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: For an appeals case in GA, do I include everything I sent to District Court in my brief?
Charles William Michaels
Charles William Michaels answered on Aug 2, 2020

First, I am not a GA lawyer. That being said, usually the clerk of the lower court sends "the record" to the appellate court. That is usually everything in the case being appealed--docket entries, pleadings, discovery, motions, transcripts, orders, etc. And generally, the party appealing... Read more »

2 Answers | Asked in Appeals / Appellate Law for New York on
Q: How long does federal district court appeal for ssdi take

I've been waiting 2 yrs 6 months for federal district appeal. Total 6 and a half yrs on claim.

Charles William Michaels
Charles William Michaels answered on Aug 2, 2020

It usually doesn't take that long. Perhaps you should file a motion or send a letter to the judge requesting a prompt decision, and include the dates of the case.

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