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Ohio Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: How do I ask for a motion for appeal on an eviction
Bridget Sciscento
Bridget Sciscento
answered on Feb 1, 2022

It depends on who decided your case. If a magistrate decided your case, then you may object to the magistrate's decision. You have to file objections with the court within 14 days of the date that the decision was sent to you. If a judge decided your case, then you need to file a notice of appeal.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: can you direct me to someone please.

appeal/motion to stay

Tim Akpinar
Tim Akpinar
answered on May 28, 2021

An Ohio attorney could advise best, but your post remains open, and waiting for a response here could cost you valuable time in an appeal. You could continue to await a reply, but this forum isn't set up like a referral service - it's only for short general questions. You might be better... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Probate for Ohio on
Q: In a case where the plaintiff, a beneficiary, filed against the new co-trustees since the original trustee resigned upon

Breach of duty since an accounting had never been provided in 1st trust of several yrs the 2nd trust also. The B O Duty against the orig trustee was asking for accountability of missing assets was denied in the hearing since the trustee resigned. The co-trustees in turn sold property of the trusts... View More

Andrew Popp
Andrew Popp
answered on May 24, 2021

I'm sorry you're having to deal with this. On review of your facts, I do not see a question being asked. Trusts were originally based on the law of contracts. While some statutes govern general principles of Trust management etc., the specific provisions of the Trust can sometimes... View More

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for Ohio on
Q: Can you assist me?

i dont know what your fee is but i feel it's worth it for me to fight and im more valuable to my family staying free. I have a thousand now and i have a new small auto company, so with my contracts that i have active, im hoping we can work with me?

Matthew Williams
Matthew Williams
answered on May 23, 2021

This is a forum. It’s likely you can find someone to work with you, but you’ll need to reach out individually to some lawyers in your area.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: is there any way i can stay my sentencing, for a OVI conviction in wooster, ohio while i appeal the ruling?

The info used to convict me was not in my motion of discovery, & months later at my trial was the first time it was presented

Matthew Williams
Matthew Williams
answered on May 22, 2021

You can file a motion with the trial court asking to stay the sentence. It’s up to the judge to decide if there is good reason to do so.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: Can you do anything once appeal judges are reviewing your brief in ohio
Matthew Williams
Matthew Williams
answered on Dec 17, 2020

Under some circumstances you can supplement briefing but mostly you just have to await their decision.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Ohio on
Q: What does it mean if a appeals has taken seven months and counting to rule on
Matthew Williams
Matthew Williams
answered on Dec 17, 2020

Nothing. That’s within the normal time frame.

2 Answers | Asked in Divorce, Family Law, Appeals / Appellate Law and Juvenile Law for Ohio on
Q: What is the process of getting emancipated if petitioning to the court isn’t an option?

I have been having major issues with my adoptive family for as long as I can remember and I am finally at the point where I can’t take any more. My 16th birthday is approaching soon and I have a stable job with a great income and I am trying to go about emancipation so that I can move on from the... View More

Cathy Cook
Cathy Cook
answered on Aug 2, 2020

I am sorry to hear about your situation. I am also sorry to tell you that, in Ohio, there is no ability for a minor to emancipate herself.

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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

Matthew Williams
Matthew Williams
answered on Jun 29, 2020

If you are granted an early release while your appeal is pending, you will still be released.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Ohio on
Q: Okay I need a little help I am not understanding my husbands appeal case state vs Foti 439 11district Ohio .

What dose it mean dose he still have 6 yr sentance or not ?? Please put this in simplified terms for me thank you Tanya foti

Matthew Williams
Matthew Williams
answered on Mar 26, 2020

They sent it back for resentencing on the one case but upheld the rest. So right now, he has three years plus whatever he gets at resentencing. The end result will almost certainly be exactly the same. But the trial court has to impose individual sentences for each offense.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: IS THERE ANY ATTORNEYS AT THE OHIO SUPREME COURT THAT CAN ASSIST ME ON MY APPEAL? IF SO, WHAT IS THE PROCESS ON ASKING?
Matthew Williams
Matthew Williams
answered on Mar 23, 2020

Any private attorney could assist you. The attorney who work for the court will not as that is not their job. Depending on the nature of the appeal legal aid or the public defender may be willing to help.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: HOW WOULD I FILE A MEMORANDUM TO THE OHIO SUPREME COURT CONCERNING MY APPEAL FROM THE 8TH DISTRICT COURT OF APPEALS?
Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 19, 2020

The Ohio Supreme Court's website provides an example of the memorandum in support of jurisdiction. The Ohio Supreme Court reviews numerous cases and accepts jurisdiction over a very few. Your memorandum needs to explain to the Court why your appeal is of great importance to the general... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Support for Ohio on
Q: WHAT'S THE NEXT STEP OF AN APPEAL IF I DISAGREE WITH THE DECISION FROM THE 8TH DISTRICT COURT OF APPEALS?
Matthew Williams
Matthew Williams
answered on Mar 18, 2020

You have to file a memorandum of jurisdiction with the Ohio Supreme Court asking them to take the case. Supreme Court Cases are very different because you first have to convince the court to take the case, then win it.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Ohio on
Q: How to stop an illegal eviction in Ohio? Please help! Emergency situation w/ children! Going to be homeless!

My landlord evicted me within 24 hours after I reported a sexual assault by a neighbor. Trying to make us move, he’s been harassing us & saying discriminating things-via text! He posted a wrong 3 day that the magistrate at court ignored & the magistrate wouldn’t let us speak without... View More

Joseph Jaap
Joseph Jaap
answered on Feb 7, 2020

Talk to the attorney who agreed to take your case about the process to object to the magistrate's decision, but if it was for non-payment of rent, you might not succeed in stopping the eviction. And if the magistrate granted the eviction, typically the tenant only has 7 days before the... View More

1 Answer | Asked in Gov & Administrative Law, Contracts and Appeals / Appellate Law for Ohio on
Q: Is there a way to get State of Ohio to review their finding of a teacher’s performance rating?
Bruce Martin Broyles
Bruce Martin Broyles
answered on May 31, 2019

The teacher has the administrative right to challenge the performance rating by the terms of the teacher's contract. There are very specific objections or challenges to the performance rating that have to be brought within strict time limits.

Students and parents do not have such a right.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: Can an appeals court change the title of a state v. def case (as filed by the clerk) to city v def?

If yes, why or what are requirements.

This is for a criminal appeal of a conviction for the violation of a city ordinance, specifically Mentor MCO 505.13

505.13 FARM ANIMALS.

(b) No person shall keep horses, goats, cows, chickens, sheep, mules, ducks, geese, turkeys or... View More

Matthew Williams
Matthew Williams
answered on Jan 15, 2019

If that’s the proper case caption, sure. They could make such a correction.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: How do I free someone in the state of Ohio. if I know that the person is one hundred percent not guilty?

My brother is doing life and he’s not guilty of the crime I want to get him out.

Matthew Williams
Matthew Williams
answered on Dec 27, 2018

A lawyer needs to look at his case to see what appellate avenues may still be available.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: how do I read appeals
Matthew Williams
Matthew Williams
answered on Dec 3, 2018

In terms of actually reading them, you just read them. I’m not sure how else to put that.

In terms of finding them, there are a number of online resources. The better ones, Westlaw and Lexis, you have to pay for. But sites like this one, and google scholar will give anyone some access....
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1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Ohio on
Q: CAN I GET A LEGAL MALPRACTICE ATTORNEY CONCERNING NEGLIGENCE FROM A COURT ORDERED APPEALS ATTORNEY?

I HAVE A CHILD CUSTODY ISSUE THAT HAS BEEN GOING ON SINCE 2012. IT WAS WITH CPS AT ONE POINT IN TIME NOW IT IS A PRIVATE CUSTODY MATTER BETWEEN MYSELF, THE FATHER OF ONE OF MY CHILDREN, AND A COUPLE OF CUSTODIANS THAT HAVE MY CHILDREN. I FILED A MODIFICATION OF CUSTODY, AND VISITATION. BOTH THE... View More

Matthew Williams
Matthew Williams
answered on Oct 8, 2018

Please don't write in ALL CAPS. It's hard to read. It sounds like the appellate court did one of two things: (1) found that there was no final appealable order, or (2) indicated that without findings of fact and conclusions of law, they didn't have a sufficient record to overturn the... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Arbitration / Mediation Law and Child Support for Ohio on
Q: If the County job and family services says I owe them money but can't provide proof of money being owed to them

What do or can I do?

Joseph Jaap
Joseph Jaap
answered on May 14, 2018

Do you have documents that show you paid the amounts they say are due? Were the amounts you paid listed on your tax returns, payroll deductions, or bank statements? If their records show you owe money, even if they don't have full documentation of that, you might have the burden to prove... View More

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