Appeals / Appellate Law Questions & Answers

Q: Failure to adequately brief contentions is why appeals court affirmed trial court judgment. How to appeal further?

1 Answer | Asked in Appeals / Appellate Law for Texas on
Answered on Nov 17, 2017

If you failed to adequately brief an issue in the intermediate court of appeals, the Supreme Court/Court of Criminal Appeals is unlikely to take your case. However, you can attempt to appeal further.
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Q: How can i get return custody of my kids from dcpp if there not adopted yet, even though my right were taken ayear ago ??

1 Answer | Asked in Child Custody and Appeals / Appellate Law for New Jersey on
Answered on Nov 15, 2017

Hello, and so very sorry to hear about all that you have gone through. Having your parental rights terminated is devastating to parents without question. You can challenge the decision to terminate your parental rights in court. It's technically called a 4:50 motion and in your court papers and when you speak with the judge, you are asking him or her to reverse the termination of your rights in hopes of getting custody of your kids back.

I'm not going to sugar coat it: it is not an...
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Q: what kind of attorney should I speak to?

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Appeals / Appellate Law for Pennsylvania on
Answered on Nov 15, 2017

You say a benefit you had. So you should tell the benefit people not to pay to that account.

I would talk first to a family coiunselor, as you don't want to get legally heavy as a first option or it's going to make family gatherings more strained then they are, especially with everyone being stressed due to the cancer.

If dad has a concern someone will use the money for their own purposes, he can give you the right to see the account without giving you the withdrawal....
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Q: My attorney requested a trial de novo after losing on fee arbitration. Can I request to change venue?

1 Answer | Asked in Arbitration / Mediation Law, Appeals / Appellate Law and Civil Litigation for California on
Answered on Nov 14, 2017

If you have not obtained all the info you need, I would need some info to be able to understand what the situation is and give you some suggestions. For example: who are the parties to the suit? Where do you live? Where was case filed? It appears that a suit was filed, you hired an attorney to represent you, and the parties agreed to non-binding judicial arbitration, which you lost. Now the case goes on as if no arbitration had taken place. Fill me in.
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Q: I had a judgement made that I want to dispute. Can I do anything and if so what?

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for Ohio on
Answered on Nov 12, 2017

You can file an appeal from a trial court's order within thirty (30) days. The better way to approach this may be to sue to have the easement vacated or to sue for damages caused by an enlargement of the easement.
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Q: I'm on housing I've been here a year. I have been staying in an apartment that has been infested with roach

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Landlord - Tenant and Small Claims for California on
Answered on Nov 12, 2017

have you tried to contact legal aid.

it would appear at first blush that you need a lawyer to make a motion to set aside the court ruling asap.

maybe legal aid can provide one.
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Q: During divorce appeal process, AL my spouse remarried, bought new home.Appeal reversed ..I have any financial claim?

1 Answer | Asked in Appeals / Appellate Law and Divorce for Alabama on
Answered on Nov 11, 2017

I can't understand from your question where you are in the appellate process. You spouse could not have remarried with a pending appeal. THe appeal stays the final order. You need to try to ask this again.
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Q: What is the law of international notarization?

1 Answer | Asked in Civil Litigation, International Law, Contracts and Appeals / Appellate Law on
Answered on Nov 9, 2017

Generally, all notary offices require personal assistance.

I'm a lawyer from China. If you need any help, contact me and I'll see if it's possible
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Q: My brother was just sentenced to 9 yrs on 11/7/17 for a class 2 felony dui with methamphetamines found ? Appeal ?

1 Answer | Asked in Appeals / Appellate Law and DUI / DWI for Illinois on
Answered on Nov 8, 2017

I would be looking for a DUI lawyer in Peoria but if you expect to retain a private attorney on a complicated case such as this one, you must be prepared for him or her to request a substantial retainer.
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Q: My brother is 2 1/2 years late filing for a writ for certiorari what can he do

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Juvenile Law for California on
Answered on Nov 5, 2017

Advise him to immediately consult Attorney of local jurisdiction for advice and guidance. Reasons for delay must be cogent.
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Q: How do I go bout helping someone get their sentenced reduced from 75 year after serving 24 years.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Illinois on
Answered on Nov 5, 2017

Wow, that is a big one. Talk to an appellate lawyer.
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Q: Can I appeal firemans rule denial of my case after Supreme Court upheld denial?

1 Answer | Asked in Appeals / Appellate Law, Personal Injury and Workers' Compensation for New York on
Answered on Nov 3, 2017

You should speak with your attoreny.
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Q: If PA Superior Court voted 2-1 to strike my brief with no motion to strike and w/o reason, can I still oral argue?

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Answered on Nov 3, 2017

You can ask them to reconsider but I wouldn't hold my breath. Usually their orders will state a reason. You are an intervenor so your rights are limited.
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Q: I need to file an appeal on behalf of my fiancé. Who can I contact I only have 60 days.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Answered on Nov 2, 2017

contact a criminal appellate attorney.

the Public Defenders office can probably give you some names in your community.
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Q: Is there a way to appeal a tax bill?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Nov 1, 2017

A real estate tax bill? There are lawyers that specialize in this. It is contingency based on your reduction.
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Q: I filed a notice of appeal in juvenile court. Can I still file motions with the judge that i'm appealing?

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Georgia on
Answered on Oct 31, 2017

There is no such thing as a motion for discovery. You need to consult with a family law attorney. It is possible that you have a good case, but because you do not know the rules of the court, those facts may never come to light. if your case is still pending, an appeal will most likely be denied. You should meet with an attorney who will review your case and give you constructive advice.
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Q: How do I reopen a closed case if I remember how it went down? I was 3 but it came to me randomly like a few months ago.

1 Answer | Asked in Criminal Law, Personal Injury and Appeals / Appellate Law for Iowa on
Answered on Oct 31, 2017

Talk to the police. They may have a "closed case" unit.
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Q: Concerning the writing of a Brief , both Circuit Court and Appellate Court...

1 Answer | Asked in Appeals / Appellate Law, Foreclosure, Real Estate Law and Civil Rights for Florida on
Answered on Oct 30, 2017

What a lawyer says in court is not testimony. Testimony is made by witnesses. Lawyers in a case cannot give testimony in that case. So, even if the lawyer "lied", it would not be relevant to the appeal because the "lie" would not affected what the court decided.

If what happened is that the opposing lawyer argued facts that were not in evidence, your attorney should be able to easily show that, without calling the opposing lawyer a liar.

If you feel that you are not being...
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Q: Is it contempt of court to refuse to sign payment agreement paper work ?

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Minnesota on
Answered on Oct 26, 2017

I believe we already discussed this on the phone so I won't go into detail here. Short answer is "it's possible, but a judge would have to give a specific warning first." I am skeptical that the court would follow through on such an extreme threat.

It's great to see people fighting their traffic ticket cases!
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Q: what does this exactly mean for my husband? On 10/17/17 this was the opinion regarding his appeal (criminal conviction)

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Answered on Oct 24, 2017

Short answer, your husband's appeal was unsuccessful. He will remain incarcerated under his original sentence which granted him probation, either ISS or ESS.
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