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Questions Answered by Charles William Michaels
1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: found guilty [ petition show cause civil ]-ordered to pay , do you have legal right to appeal in va?

after found guilty ,ordered to pay by certain date , 90 days jailed without bond ,is that considered a final decision? - .judge did not sign case as final, untill after the arrest was made-after did not pay - by date given - . clerks office explain can not appeal case, not signed by judge as... View More

Charles William Michaels
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Charles William Michaels
answered on Jul 8, 2020

First, I am not a VA attorney. That said, I do not think you have a final judgment, yet. I assume that you were found "guilty" of civil contempt, and I assume that was for not paying child support. Unless a finding of civil contempt is separately appealable (by VA statute or rule) that is... View More

1 Answer | Asked in Appeals / Appellate Law for Nevada on
Q: how to filed a appeal to remove a case from court because of legal representation didnt do there job, start from scratc.

I have 6 days to filed and it's a civil case and my proof never was given to the court or did my attorney exchange information with the other attorney. Also my attorney lied and said I was out of country for 2 weeks and cant do any deposition or arbitration of any, and my attorney ask to... View More

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

If your case was not properly presented because of your trial attorney's missteps and perhaps other related issues, that could be some of your issues on appeal. That is, among your claims for relief before the appellate court, is to have your case remanded to the trial court to hear your side.... View More

Q: How do I go about filing an appeal on DCF? I am involved in case on which I am NOT the supported person of neglect.

Domestic violence with my children's father, in which I am the victim, have landed DCF in my life for the third time.

Charles William Michaels
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Charles William Michaels
answered on Jul 6, 2020

First, I am not a MA lawyer. And second, was there a final judgment? What was the case about? Without those details, I cannot answer your question. But I am not sure the DCF [order/ ruling] can be appealed? And to where? The trial court or some other appellate court...….

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1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: I was denied unemployment benefits because my employer said that I was in unacceptable attendance. But the reason so

Was that I got sick with no insurance but I did go to my local clinic to get checked out..remind you this was the time when the covid-19 pandemic began...I was told not to return till I got a doctor's note to verify that I did not have covid-19. In which I did so from my local clinic.. Is it... View More

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

With only the facts as stated in your question, I would "yes" for an appeal.

1 Answer | Asked in Appeals / Appellate Law for Utah on
Q: when you file an eviction appeal how long will it take be to be enforced?
Charles William Michaels
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Charles William Michaels
answered on Jul 2, 2020

Ordinarily, any appeal does not stay the judgment of the lower court, if this is what you're asking.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: I was just wondering what happens next after the appellate court receives an appeal order
Charles William Michaels
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Charles William Michaels
answered on Jun 29, 2020

The appellate court usually then issues a schedule of briefing deadlines. But please check your appellate rules for the correct briefing schedule. If you get a briefing schedule, be sure to follow it. If you are the appellant, serious consequences can result if your brief is not filed on or before... View More

2 Answers | Asked in Appeals / Appellate Law for Ohio on
Q: While incarcerated waiting on early release but your appeal comes before your early release do you have to

Wait in prison till appeal is done

Charles William Michaels
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Charles William Michaels
answered on Jun 29, 2020

I don't think so, I think the early release is still active. But I don't know about the details of the case besides your question.

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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: HI everyone can you appeal a bench trial decision by a lower court if the appeals court sent it back.,
Charles William Michaels
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Charles William Michaels
answered on Jun 25, 2020

It depends. If the appellate court sent the case back with instructions to do such-and-so, and the lower court did not follow those instructions, I would say yes.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: In unlimited civil appeals, if proof of service doesnt exist for the settled statement, is it proper to move to strike?

As an indigent appellant of an underlying family law case, I elected to proceed with the clerk's transcript and settled statement in lieu of reporter's transcripts (CRC 8.137). The trial court modified my proposed settled statement and certified the modified statement as an accurate... View More

Charles William Michaels
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Charles William Michaels
answered on Jun 22, 2020

First, I am not a California lawyer. But I would file that motion, or a similar motion, in the appellate court, which would call attention to your problem. And if you plan on filing a reply brief, then attach the trial court's modified statement in that brief, and in the reply brief... View More

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: So I recently won a appeal in which I had to forfeit almost 16k plus lawyers fees but

They are trying to settle out of court for 1100 dollars what steps should I take now

Charles William Michaels
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Charles William Michaels
answered on Jun 12, 2020

I fail to see the difficulty. If the settlement offer is acceptable to you, then take it. If not, attend the settlement meeting and see what you can get that is more attractive to you...

Unless I'm missing something, your question does not have the details I would need to give a complete answer.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for California on
Q: How do I appeal a decision not to review my case by the Arizona Supreme Court?

I was found by an Administrative Law Judge of the AZ Corporate Commission to be a control person responsible for actions by others. ALL testimony was that another person was the sole control person. I never signed, nor agreed to, any operating agreement or other documents that gave me any powers.... View More

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

First, I am not an Arizona lawyer. If the AZ appellate rules allow, perhaps you can file a motion for reconsideration to the AZ Supreme Court, asking them to take the case. Aside from that, you have one avenue for appeal left: a writ of certiorari to the US Supreme Court (very expensive and a whole... View More

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: My brother has asked me to help him electronically file his appeal with the Pennsylvania Superior Court. Can I legally?

He is filing pro se and has limited access to the law library due to the covid 19 restrictions. I have no legal background. He would provide the written brief and is asking me to format it and file it electronically via the PAC file.

Charles William Michaels
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Charles William Michaels
answered on Jun 6, 2020

I don't see why not. You are not representing him, you are not a lawyer, you're just assisting in a pro se filing. Unless there's an appellate rule prohibiting this (and I haven't reviewed the PA appellate rules), there should be no problem. Unless I'm missing something...

2 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for Arizona on
Q: How do I appeal a ruling I feel isn’t fair due to other parties status in the town I reside in?

Judge put on the court document under findings that “the court has concerns about the health and safety of the child in this case” Child who is almost 14 has endured abuse (physics, mental and emotional) by dads girlfriend for6 years. He then said that everything is based off what the child... View More

Charles William Michaels
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Charles William Michaels
answered on Jun 1, 2020

First of all, I am not an Arizona lawyer. However, you articulated your issues on appeal in your message. If the trial court's decision and final judgment are within the time frame for an appeal (30 days is the general rule, but your state may have different rules about that), then go ahead... View More

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: Court of appeals held/granted (In Re Mohammed) on 12/2/19 can C.D.C.R not follow ruling pending ca supreme decision?

C.D.C.R is not doing what court have ruled and instructed them to do in this decision but using the excuse that they are waiting for the Ca. Supreme court to make a 2nd ruling. Can c.d.c.r do such a thing? This case is HOLDING. Shouldn't c.d.c.r do what the courts have told them to do... View More

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

First of all, I am not a California attorney. But I would think that the Court of Appeals should follow its decision, perhaps you should file a motion with the Court of Appeals stating that its decision has been on hold for nearly six months, and it's time to enforce it: the CDCR should change... View More

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: My brother was tried on a murder trial with 2 co defendants is that grounds for a appeal
Charles William Michaels
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Charles William Michaels
answered on May 13, 2020

If there was no motion at trial for separate trials (and that motion was denied), I don't see that a trial with co-defendants is a sole grounds for an appeal.

1 Answer | Asked in Divorce, Appeals / Appellate Law, Child Custody and Constitutional Law for Colorado on
Q: I originally got a emergency protective order against my ex wife. She responded by claiming a false domestic abuse card.

I assumed that I was to stay away from her by x amt of ft And knew I was not allowed to call her. We had twins.I emailed her a non-confrontational email. Explained that I did not want to go threw a bitter divorce and basically would become victimized in order to make sure my twins had a well... View More

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

First if you and your ex wife each have attorneys, it usually is the rule to communicate to her attorney and not directly. Second, Double Jeopardy is a criminal principle and doesn't apply here.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Minnesota on
Q: How can a Judge decide a biological parent was a 'de facto custodian'?

Is there any way to appeal or overturn the original court order from 2017?

Charles William Michaels
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Charles William Michaels
answered on May 8, 2020

I do not have the information about the case to give a definitive answer. However, a judge can after a review of all the evidence and testimony decide that parent (biological or not) is the de facto custodian of a child. Since the court order was in 2017, the appeal period has passed, although an... View More

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Washington on
Q: My unemployment claim is under investigation for fraud. If I am denied benefits, can I file an appeal and if so, should

I furloughed because of covid 19 and applied for unemployment benefits (in Washington D.C). My claim was not being processed, so I called their office and the representative I spoke with said that I was under investigation for fraud because I did not list myself as having a job in Maryland.... View More

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

I sounds like that you should be prepared to file an appeal. There are very good lawyers in Washington DC who handle appeals on unemployment benefits. Talk to any one of them, before the 21 days is up.

1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Arbitration / Mediation Law for New Mexico on
Q: In new mexico, after fee arbitration fails, which court handles the appeals, district or magistrate?

Had arbitration through NM Bar for attorney/client dispute over fees. Was never given a fee agreement and paid cash to the attorney, Went to arbitration under a voluntary attorney assigned by the bar. Arbitrator ruled against me , I objected to the matter, I am being ignored and have received no... View More

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

It depends on if the arbitration agreement or arbitration procedure provides for any appeal, most do not. If any appeal is to be filed, I would say New Mexico trial court, but I have no experience with NM arbitration rules.

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