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never even Filed one in the first place? Would this be considered a fraudulent appeal?
Thanks
answered on Jun 15, 2021
I don't have the required information to answer this question. An "appeal with the State"? And "concrete evidence that you should never even filed one in the first place"? The question makes no sense to me. And I don't know any procedure for a "fraudulent... View More
I was sued by my ex over a dog that we adopted while together but has lived with me 90% of the time since we separated. For the eight years since we separated, I would let him take the dog from time to time but never more than a week and usually just a few days. He’s lived in the same place since... View More
answered on Jun 14, 2021
First, I am not a CA lawyer. But it seems that the "order" IS a final judgment, thus you can appeal this order to the next level. Whether the appeal is de novo OR on the record, I can't tell.
How do I find a Lawyer or Paralegal to file a Habeas Corpus pro bono?
answered on Jun 14, 2021
I know of no procedure to file an "out of time" appeal. And generally, a paralegal is not authorized to file the notice of appeal.
answered on Jun 7, 2021
I don't have the details of this question. Check the PA appellate rules, but generally speaking if the appellee does submit a brief, or does not submit a timely brief, the appellee loses the right to proceed with oral argument AND perhaps the court would not even READ the appellee's brief.
If the defendant is appealing a portion of a summary judgement and if you lose the appeal you want to appeal the entire summary judgement, can you just file an answer to their appeal on the portion, or would you have to file an entirely new appeal. Regarding Louisiana civil procedure.
answered on May 21, 2021
You would have had to file a cross-appeal in the same case.
answered on Mar 22, 2021
First, I am not a South Carolina lawyer. However, I suppose a person will file a "criminal appeal" the same way as one would file any other appeal. The rule of thumb is to file a notice of appeal within 30 days of the trial court's final judgment--in criminal cases that's... View More
I'm looking at a possible interlock extension in Colorado I want to appeal my hearing because one of my events my BAC read as follows: At 7:34 my bac was .058, at 7:36 my bac was .053, at 7:42 my bac was .049, at 7:45 my bac was .043. I thought it was a false positive because I had just ate.... View More
answered on Mar 8, 2021
First, I am not a Colorado lawyer. That being said, if you claim that your blood alcohol concentration (bac) is being incorrectly monitored, yes I would appeal that.
answered on Mar 4, 2021
First, I am not a Virginia lawyer. That being said, there is just no way to know what the "success rate" is on appeal. Every case is different. But generally, the chance of winning on appeal is 15/20% if that. I can estimate the chances of winning a given case if I had more background.
answered on Mar 2, 2021
Generally, no. The appeal decision could be delayed by many reasons, some not having anything to do with the case.
options on appealing subject matters jurisdictiion.
answered on Feb 27, 2021
First, I am not a Tennessee lawyer. That being said, whatever are the issues you intend to raise on appeal, the time to appeal is the same. Usually, it's 30 days from the final judgment of the court below. Once the appeal is noted, when you file your brief, you can raise the issue of subject... View More
I lost a court case and ordered by the judge to pay back the legal fees of the plaintiff for $20,000. I want to appeal my case. If I appeal and lose will I have to pay twice as much as the original judgement- $40,000? Or would I still pay the $20,000 of the original judgement? Will I have to pay... View More
answered on Feb 12, 2021
First, I am not an Illinois lawyer. That being said, if you lose your appeal, I would think you would have to pay the original judgment PLUS interest at the legal rate. I don't think you are required to pay the opposite party's legal fees incurred on appeal.
I was at a traffic light turning left waiting for it to turn green. I zone out. I was not moving. Officer put his siren on and pull me over. He was very angry with me and said I'm going to give u a ticket. He did. I start work at 2am and was in the company truck.
answered on Feb 11, 2021
Generally not--when a person pleads guilty any appeal rights are waived.
What does it mean ?
Valid Claim:We affirmed the previous ruling.
Separation from work : We reversed the previous ruling.
answered on Jan 26, 2021
I cannot answer this question, because the question is too vague. Sorry.
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?
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.
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.... View More
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... View 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?
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.
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?
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.
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... View More
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... View More
I have my family who will be on the streets
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... View 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.
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!
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