Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I filed bankruptcy and the state court kept going with my case even though I had a stay order, the eviction lawyer filed a motion to lift the stay we had a court date I argued for it to remain in effect and the federal judge has taken it under advisement and the ruling has not been made yet. In... View More 
answered on Dec 11, 2024
Yes, until or unless the federal judge grants relief from the stay.
I’m going to jail ?
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answered on Feb 9, 2024
If you fail to appear in court for a traffic or DUI/DWI case in Missouri because you are unable to afford travel to another state, this can lead to serious consequences, including the issuance of a warrant for your arrest. However, going to jail is not automatic upon failing to appeal or appear; it... View More
I was still employed by secondary job I reported my weekly earnings and was paid the difference I was honest problem I didn’t learn why they was so adamant that I was not reporting in the correct amount is because my wife is also employed at the same place whenever employment office requested... View More
answered on Jan 30, 2024
The unemployment appeals process is very strictly enforced. If you appealed the Deputy's Determination but failed to appear for the Appeals Hearing, your appeal was dismissed. Only evidence presented at the Appeals Hearing can be considered by the Appeals Tribunal in making its decision. Since... View More
Question about MO court rule 75.01 and 74.05. Had a case and there was a default judgement. The respondent didn't respond at all. Within 30 days after judgment, they respond. I claimed it was a default judgement and controlled by 74.05. Judge says 75.01 applies since within 30 days and not... View More
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answered on Nov 5, 2023
In Missouri, Rule 74.05 pertains to setting aside a default judgment, which can be invoked when a party has failed to appear or respond to a lawsuit. However, if a party responds within 30 days of the judgment, as stated in Rule 75.01, the court may have discretion to consider it as a motion for a... View More
Judge needs completed form to approve the added names before approving the appeal petition request. I have been unable to find
any kind of form?????????
answered on Sep 1, 2023
You’ll need to prepare your own document or pay an attorney to do so. The court has forms for some commonly filed documents but a form to amend a judgment to add a party is not one of them.
Can an Article I judge deprive the US Court of Appeals of subject matter jurisdiction ?
Did not get to attend on 6/1/2020 a court hearing held without me and sale of a property or personal to one of the owners which the case was dismissed and I was charged everything that my girlfriend was he no longer has to pay and now put it all on me the courts gave granted $15,000 and property... View More
answered on Dec 25, 2020
It is obvious that you disagree with the court’s ruling but your post is unintelligible. Try rewriting it using separate sentences with periods. If you do that, then you might receive some better answers.
It is unclear why a hearing was held without you and why you didn’t or could... View More
the bills and utilities werent added to the final total awarded. would i be safe to appeal and get the remainder of the money owed to me? or would i be able to file another small claims, and go through it that way?
answered on Jul 8, 2020
A Missouri attorney could advise best, but your question remains open for two weeks. As a general matter, it could depend on context. What type of case was it? Were those elements material and significant? What was the error or oversight resulting in their omission? Was the evidence withheld?... View More
I was working at a small ma and pa dinner and they shut down the end of February for a remodel. Said it should be about a month and then we can come back. Well right around the middle of March they opened up, but only take out, cause of covid 19. I was not one to work at this time still, I applied... View More
answered on Jun 25, 2020
Here is the statutory definition of "misconduct."
"Misconduct", an act of wanton or willful disregard of the employer's interest, a deliberate violation of the employer's rules, a disregard of standards of behavior which the employer has the right to expect of... View More
answered on Nov 19, 2019
You can subscribe to Westlaw or LexisNexus or use "Google Scholar" for free. It will show state and federal decisions but not necessary show you if the decisions have been overturned. I hope this helps.
many more in adition to jan reports
answered on Aug 26, 2019
Please clarify your question. I have not idea what you mean by "jan reports."
I found out there is a judgement against me for medical bills my spouse incurred PRIOR to our marriage. The judgement is 9 years 8 months old and it is preventing g me from buying a house. Help!!!
answered on Jun 5, 2019
Read the article I published about getting default judgments set aside. It might apply to your situation, depending on whether you were properly served. https://www.avvo.com/legal-guides/ugc/how-to-get-a-default-judgment-set-aside
It sounds like the judgment might expire this year.... View More
I have heard that for a habeas corpus writ 2254 you have to list grounds in a way that it stands out to the judge for them to even pay attention to it what does this mean and how do I do this?
answered on May 2, 2019
There's no simple answer other than that most habeas petitions get denied and you'll increase your chances of success by hiring an experienced attorney with habeas experience to represent you.
My husband pled guilty to a crime in 2012 that he was not guilty of he She in fact was being shot in air lifted across She in fact was being shot in air lifted across town at a different address at the time of the burglary but his lawyer led him to believe that because he was on the person's... View More
answered on Apr 14, 2019
It sounds like you recognize that the appeal deadline has passed. Most likely, the judgment is final and cannot be appealed, but I encourage you to sit down with a good appellate criminal defense attorney, even if you need to pay for the consult, in order to get a fact-based assessment of the... View More
Can i motion to vacate or Do i trial de novo
answered on Aug 31, 2018
It's very complicated. Here are instructions from the Missouri Court of Appeals from the Eastern District of Missouri.
https://www.courts.mo.gov/file.jsp?id=128333
they gave me a eviction judgement without giving ne tine to find sonething speaking we are a family of three all disabled.. two are my sons
answered on Jun 17, 2018
I am sorry that a judgment for possession was entered against you. You have not given any explanation as to why you believe the judgment was "unlawful." Regardless, I suggest you begin making quick plans to vacate if there has not yet been an execution. You could contact legal services... View More
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