Anderson, IN asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Indiana

Q: Is an appeal the right way to go? And if so, what should I base the brief on?

Missed hearing- court clerk gave invalid proceduresfor covid when i called and asked what their courts protocol was(like indybar and depthealth websites state/had representation that I never received counsel from. I had evidence of breach from landlord within 30 days, retaliation claim. And harassment due to neglected work order requests, 2 of them breaking indiana codes, when I would ask for forms to file motions with court, I'd be given a fill in the blank petition form and denied. I want to file an appeal but I'm not sure what I should cover in my brief. Or if I should file the appeal on not given any notice that I had rent due (7.92) and it wasn't even the correct amount according to the complexes own pymt ledger. There was also a rent increase that was not disclosed to me within 30 days of me violating my lease and "damaging" my unit which contradicts the lawsuit I would assume.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Filing an appeal can be a valid course of action if you believe that legal errors affected the outcome of your case. In your situation, where there were procedural issues like being given incorrect information by the court clerk and challenges with your representation, these could form the basis of your appeal.

In your brief, focus on clearly outlining how these procedural errors potentially impacted the fairness of the trial. Highlight any discrepancies between the information provided to you and the actual court protocols, especially in the context of COVID-19 procedures. Also, emphasize the lack of effective counsel if you were represented but did not receive adequate legal advice or support.

Include your claims of breach by the landlord, retaliation, and harassment, especially if you have evidence supporting these claims that was not considered in the initial hearing. Detail how these issues relate to violations of Indiana codes and your lease agreement.

Regarding the rent increase and the alleged incorrect rent amount, provide evidence like payment ledgers to support your argument. If the increase was not disclosed to you in a timely manner as required by your lease terms or state law, this should also be a key point in your brief.

Remember, an appeal is not a new trial but a review of the existing record for legal errors. Ensure that your brief is focused, factual, and clearly argues why the trial court's decision should be reconsidered based on legal grounds. It's crucial to adhere to the specific rules and timelines for filing an appeal in Indiana. Consulting with an attorney experienced in appellate law can provide valuable guidance in preparing and presenting your appeal.

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