First, I am not a TN lawyer. However, I agree with the previous answer. Usually, an appeal alone does not stop the trial court's judgment nor an enforcement of that judgment. A motion to stay the judgment must be filed, generally requiring a bond. But check your appellate rules as to when a...Read more »
Hie lawyer needs to prepare for a thorough Preliminary Hearing at General Sessions Court. You have not stated any facts nor legal proceedings, but I suspect his lawyer needs to get in gear, or hire a competent one now.
We were being sued by my sister which she thought we stole money from my mother when she lived with us. this is not true. we browed money and mom knew about and came up with agreement which this paperwork was not admit in because we did not have anything with us because we did not know at the... Read more »
If within 30 days of entry of the Judgment, you might file a Rule 59 Motion To Alter or Amend with the Probate Court. Later you might consider an appeal, but first you want the trial court to hear that you actually borrowed money and were paying it back. Hire a competent attorney as you need a...Read more »
I have filed an appeal but because I was unable to afford an attorney I was forced to represent myself and since I didn't know what I was doing the judge ruled for Tennessee to keep it. I have the option now to ask for a stay and file another appeal to thebest of my understanding. If anyone... Read more »
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...Read more »
you will need to call Maury County clerk's office. Your case will likely be reset because the courts are closed to most in-person proceedings until the end of January. The clerk's office will give you the correct court date.
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... Read more »
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...Read more »
2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court for appeal, Defendant filed Bankruptcy July 2020, Discharged Aug 2020. Funds still on deposit and no date set for the appeal. Plaintiff not notified as debtor. Is award for plaintiff set aside... Read more »
I am pro-Se. I know To file the notice of appeal is within 10 days but getting a brief written up in that short of time is near impossible. That’s why I was asking if the brief had to be attached to the notice of appeal or I had a certain time limit to file the brief. Thank you for your help
First, I am not a Tennessee lawyer. That being said, the notice of appeal and the eventual brief are separate documents. And generally, there's 1) the transcripts need to be ordered by you, 2) the record --including the transcripts--have to be forwarded to the appellate court by the trial...Read more »
My brother was convicted in 2005 in the circuit court of Coahoma county for conspiracy to commit murder and aggravated assault, and improperly charged as a habitual offender under M.C.A 99-19-83 and M.C.A 99-19-81 the judge sentence him under the larger statue, giving him two consecutive life... Read more »
We think we have a great case for an appeal (the judge himself said to appeal his own sentence at least 5 times during sentencing) so we really want him to stay out while appealing. My husband was sentenced to 2 years in Federal Camp (all he was convicted of was illegal remuneration and was... Read more »
First I am not a Tennessee lawyer. That being said, generally a party (civil or criminal) has 30 days to note an appeal, with the bond accompanying that. That's 30 days after sentencing date, whether your lawyer notes the appeal or you do. But I think that an appeal in a criminal case does not...Read more »
That's not an easy question to answer without more details. Further appeals focus more on the application of the law to your case as opposed to "not seeing the facts your way". As such, the quality of the written decision and the way the judge conducted the proceedings are of...Read more »
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