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Ohio Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: is there any way to appeal a cpo after a year if new evidence has been made available
Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

You shouldn't need to appeal. Instead you can petition the court to rescind or modify the cpo due to new evidence.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Ohio on
Q: I am trying to sue the county prosecutor office. I was told to amend my complaint? How do I amend my complaint?

Who do I list as the defendant? If the county Departm is who I going after

Matthew Williams
Matthew Williams
answered on Jan 20, 2023

You amend a complaint by filing a new document titled Amended Complaint with the changes you are making. If suing the prosecutor, one would generally sue the elected individual in their representative capacity, and if alleging malicious wrongdoing, in their personal capacity as well, along with any... Read more »

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Ohio on
Q: Can a civil defendent whose case is stayed by bankruptcy, file a counterclaim in the same, and ask for damages? In Ohio.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 6, 2022

You don't identify which party is the debtor in bankruptcy.

The automatic stay is triggered by the filing of a bankruptcy case, and prohibits any action against the debtor or property of the debtor's bankruptcy estate (which is very broadly defined).

If the proposed...
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1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for Ohio on
Q: what can be dismissed in the appeals 11th.district ohio permanent custody from my case

from the date of filing of permanent custody to evidentiary hearing was 314 days. Magistrate was wrong on more than four reasons she used to determine her decision for permanent custody to agency. The judge would take over a year and status hearing to address case and grant CPS permanent custody.... Read more »

Matthew Williams
Matthew Williams
answered on Nov 11, 2022

The court of appeals could reverse the lower court. In order for that to happen you need to promptly file a notice of appeal and then a brief. It would be a good idea for you to hire an attorney to help you with this.

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Ohio on
Q: Hello. I am wondering if I can appeal a civil judgement in Ohio. The plaintiff is our previous landlord.

She won a 15k judgment based on nothing but lies. We have to pay 10k just for floors and walls to be painted when they look EXACTLY like they did when we moved in. We didn’t have pictures in court but now we do (we dug through our camera rolls and found tons) we moved in and the floors were awful... Read more »

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Sep 2, 2022

First, I am not an Ohio lawyer. That being said, an appeal is always an option. Check the court rules about when you must note an appeal, and the next steps after that. It seems from your story that you might have an appeal issue.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Child Custody for Ohio on
Q: What are things that an activist cant do-that an attorney can-besides filing paperwork for individuals?

Can they go into court and sit with them if they are pro se?

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 23, 2022

As a general rule in family law matters, the courts do not allow third parties to help or assist pro se litigants during a court hearing and only the named parties can be present in the court room for hearings. An activist cannot engage in the unauthorized practice of law which can include actions... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Ohio on
Q: If you win an appeal in the supreme court,can you sue for civil rights violations??
Matthew Williams
Matthew Williams
answered on Mar 9, 2022

Perhaps, it depends on the reason for the win.

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... Read 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... Read 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... Read 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 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.

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.

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... Read more »

Cathy Cook Esq
Cathy Cook Esq
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... Read 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.

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