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Appeals / Appellate Law Questions & Answers

1 Answer | Asked in Appeals / Appellate Law for Tennessee on

Q: I have an eviction case pending at the court of appeals in Jackson, tn the other side proposed a motion against me for

Possession the court of appeals denied that motion so now the plantiff attorney is, telling me he will get a writ of possession against me because there is no motion for stay I would like to know if that's possible because the higher court overruled

Anthony M. Avery answered on Jun 17, 2019

Unless you posted a large Bond, a Writ of Possession is possible. If you ultimately win the Appeal, you can then sue for Damages for wrongful Detainer.

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Civil Litigation for California on

Q: what can be done if opposing party keeps threatening to appeal any decision the court makes to drag on forever?

plaintiff ordered to pay defendant attorneys fees at trial court. Plaintiff appealed for "abuse of discretion". Appellate court affirmed trial court citing no abuse of discretion and awarded respondent "costs" of appeal. plaintiff now threatening to appeal any costs or attorneys fees from the... Read more »

Kenneth Sisco answered on Jun 17, 2019

Unless there are some important facts left out of your question, you should simply ignore his threats. An appeal does not stay execution on a judgment. Obtain a writ of execution, record an Abstract of Judgment, and start levying on his property and bank accounts. If he wants to stay your... Read more »

1 Answer | Asked in Appeals / Appellate Law on

Q: Do you have to have the same attorney for the appeal

Timur Akpinar answered on Jun 16, 2019

As a general matter, no. While the underlying goal of obtaining a favorable outcome is common with that of the trial court, the processes are different. If you are contemplating an appeal, speak with an appellate attorney in Nevada without delay. Allowable grounds for appeals can be narrow, and the... Read more »

1 Answer | Asked in Appeals / Appellate Law for Michigan on

Q: I want to appeal secretary of state decision on getting my license back, what forms do I use to represent myself?

I was denied to get my license back it's been 15 years and I was still denied.

Brent T. Geers answered on Jun 13, 2019

The process of navigating through the driver license restoration process is complex enough that you would be well served to retain an attorney. You may, for instance, be entitled to go directly to the circuit court judge, or you may need to reapply through the secretary of state - an attorney could... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Washington on

Q: How can I find a Lawyer to help my son, who is incarcerated, write his brief for appeal court?

My son need a Lawyer that will help him was appeal brief, so he can get an appeal. The family is will to give a fee for this service.

Stan Glisson answered on Jun 10, 2019

There are many lawyers around the state who specialize in appeals. I highly recommend Jeremy Morris, but full disclosure he is my law partner.

You should be able to find appellate lawyers with a quick search.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Texas on

Q: If I'm on probation and get a violation I didn't go to court for it my probation officer and his supervisor told me that

They we are going to send you to this program in Beaumont for 3 months. They told me to turn myself in to the county but let me go home that day for 2 weeks but I would have to turn myself in to county on 6/3/19 and the time I sit in the county jail waiting for a bed to come open doesn't count.... Read more »

Kiele Linroth Pace answered on Jun 10, 2019

No, it isn't like double jeopardy. That is when you are put on trial twice for the same alleged offense.

In this situation, you committed a crime but, instead of being locked up, you were given a second chance where you were allowed to do community service instead. Except you didn't...
Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Constitutional Law for Minnesota on

Q: Can I be arrested for DUI,if I wasn't driving? And I didn't get pulled over by a cop,they came 1/2 hour later

Thomas C Gallagher answered on Jun 10, 2019

I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled... Read more »

1 Answer | Asked in Appeals / Appellate Law, Family Law, Health Care Law and Insurance Defense for California on

Q: I was taken to court and my ex won but it contradicsts state laws. Should i request a set asude or appeal?

Timur Akpinar answered on Jun 5, 2019

It's possible part of your question was inadvertently left off. An attorney would need additional information about the scope of the matter and state laws you mention on which you are contemplating an appeal. You could try reposting.

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Missouri on

Q: How long does a judgement for medical bills remain in missouri

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!!!

Ronald J. Eisenberg 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....
Read more »

1 Answer | Asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Texas on

Q: Is non-compete likely enforceable?

I am an associate dentist in Texas. I signed a do-not-compete with my previous office (a DSO) for 10 miles for 2 years after leaving (It has now been ~1/2 yr). I left due to the company trying to move me into another office (I did not agree to this per the contract) after working there ~1 year. The... Read more »

Bruce Alexander Minnick answered on Jun 5, 2019

You have raised several important facts that may enable you to avoid the larger issue altogether. Hire a local lawyer in San Antonio and ask them to tell you if the way you were treated under the written employment agreement is bad enough to support a case of breach; if it is, have your lawyer try... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Appeals / Appellate Law for Louisiana on

Q: What crime has been committed if do a power of attorney that was misleading done and use that poa to further your gains.

You use this poa to defraud the probate court.

Ellen Cronin Badeaux answered on Jun 4, 2019

Can't understand your question. Call a successions attorney.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Arizona on

Q: Need to find case rulings for appeals in Superior Ct re: injunctions ruled in Municipal Ct - Mohave County, AZ

Randi Sirlin answered on Jun 3, 2019

You may want to seek out a law clerk, as it is legal research you need. However, if you want your work done by an attorney, then definitely contact an attorney who is familiar with appeals.

Q: After you have fulfilled all parts of a plea agreement on time, does the state have the right to breach this deal?

Promised early expungement, but new States Attorney doesn't want to grant. Plea deal was reached in Harford Circuit Court, and all components of deal were met in full and on time with no additional problems.

Mark Oakley answered on Jun 3, 2019

If you can prove the terms of the plea deal to specifically include early expungement (which all the state can do is agree not to object to it, or consent to the request, because it is up to the judge to grant such a request), then yes, you can enforce the plea agreement and block the State from... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on

Q: How do I find appellate judges opinion available online

Timur Akpinar answered on Jun 1, 2019

You could check on the California Court System website. They post published and unpublished opinions in PDF formats. If you have access to one of the commercial legal databases, the high-end ones enable you to cross-reference and search under many different parameters.

Tim Akpinar

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 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 Florida on

Q: Appeal judgement in Kansas stating mother cannot move to another state but only 45 minutes away.

Mother is engaged and plans on being married 6/20/19. She has joint custody but is residential parent. Father applied for full custody and court ruled that she as to stay or custody goes to the father. There are no jobs available because this is such a small town. Does she has an appeal.

Terrence H Thorgaard answered on May 30, 2019

If the judgment was by a court in Kansas, you should have asked this in Justia › Ask a Lawyer › Kansas ›.

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law and Public Benefits for Mississippi on

Q: How do I appeal a court case?

The judge did not even let me explain my side of the story. He automatically sided with the plaintiff without going over any evidence that I brought to court to present to him. I feel like I was discriminated against, but I have no idea why.

Timur Akpinar answered on May 27, 2019

A starting point could be to contact an attorney in Mississippi for a brief consultation to review the decision and the grounds for appeal. As a general matter, keep in mind that the period in which to file appeals is generally short (in the order of days with many matters). Also keep in mind that... Read more »

1 Answer | Asked in Appeals / Appellate Law for Florida on

Q: If a seante Bill has a affected date is it finalized

In the state of Florida

Timur Akpinar answered on May 22, 2019

Yes. As a general matter, the effective date is the culmination of a bill into a statute. You could find further details about a bill's history on the website of the Florida Senate.

Tim Akpinar

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Wrongful Death for Tennessee on

Q: can grand jury presentments be appealed or taken out of a county's initial jurisdiction if certain bias can be proven?

If the general public has reason and proof to believe that district attorney's offices/ law enforcement are being biased in their presentment of a case to a grand jury for indictment, what can be done?

Anthony M. Avery answered on May 21, 2019

Possibly nothing. But after Indictment the Defendant must defend against the charge. Improper Grand Jury proceedings might be argued at Pre Trial, Motion for New Trial or on Appeal. Without a clear Federal or State Constitutional violation that causes prejudice, no actionable error will arise.... Read more »

1 Answer | Asked in Appeals / Appellate Law for Texas on

Q: How do I appeal a case where the police seized my truck and was granted the motion

Matthew Valley answered on May 18, 2019

Your post doesn’t contain enough info to properly determine what is going on in your situation.

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