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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: Did you read a possession there's issued yesterday I was late to court ,can I file appeal in person today at courthouse?

I'm at courthouse now and fixing to walk into magistrate clerk of Court office to do so how do I proceed?

James L. Arrasmith
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answered on Mar 31, 2024

I understand you are in a challenging situation and want to file an appeal quickly. Here is some general guidance, but keep in mind that specific procedures can vary by court and jurisdiction:

1. Go to the clerk's office for the court that issued the dispossessory order (in this case,...
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1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: If a dept has sent a motion to dismiss with the SPB even before a presettlement conf, can I withdraw and file in court.
James L. Arrasmith
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answered on Mar 31, 2024

In California, if a department has filed a motion to dismiss with the State Personnel Board (SPB) before a pre-settlement conference, you may still have the option to withdraw your appeal from the SPB and file a lawsuit in court instead. However, there are some important considerations:

1....
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: If you make an appeal with SPB but haven't even had the pre-settlement conference can you withdraw & file in court .

In other words withdraw your appeal from the SPB at this early stage and file directly with the superior court or federal court.

The department has filed a motion to dismiss even before the pre-settlement conference has occurred which will be held after the presettlement conference. I have... View More

James L. Arrasmith
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answered on Mar 31, 2024

Under California law, you generally have the option to withdraw your appeal from the State Personnel Board (SPB) at any early stage before significant proceedings, such as a pre-settlement conference, have taken place. This includes before any evidentiary hearings are conducted. Your decision to... View More

1 Answer | Asked in Appeals / Appellate Law and Federal Crimes for New Jersey on
Q: Can anyone provide assistance in filing an Federal Tort Claim Act appeal? Im looking for a "how to process."
James L. Arrasmith
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answered on Mar 30, 2024

Here is a step-by-step guide on how to file an appeal under the Federal Tort Claims Act (FTCA):

1. Review the denial letter: Carefully read the denial letter you received from the federal agency to understand the reason(s) for the denial of your FTCA claim.

2. Determine the...
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1 Answer | Asked in Appeals / Appellate Law and Collections for California on
Q: What initial steps should I take to begin the appeals process and dispute the debt?

In 2012, I invested in ZeekRewards through a family member, experiencing losses when the company closed. In 2020, a debt collector alleged I owed money as a "Net Winner" from ZeekRewards. I've tried disputing this debt multiple times, pointing out discrepancies in the documentation... View More

James L. Arrasmith
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answered on Mar 30, 2024

Beginning the appeals process and disputing a debt, especially in complex cases like yours involving alleged debts from ZeekRewards, requires a careful approach. First, you should review the judgment against you to understand the basis of the court’s decision and identify any procedural or... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Family Law and Juvenile Law for Georgia on
Q: How do i initiate recusal of an acting Juvenile Court Judge whom violated my civil rights and is extremely bias and init

Initiate a lawsuit against cps investigator whom violated intentionally the newly approved bill 133 and intently wanted to cause emotional turmoil and tort against me

James L. Arrasmith
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answered on Mar 29, 2024

Initiating a recusal for an acting Juvenile Court Judge involves a specific legal process. If you believe the judge has violated your civil rights and demonstrated bias, you should first consult with an attorney experienced in juvenile court matters. They can advise on the merits of your case and... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Energy, Oil and Gas and Libel & Slander for Texas on
Q: Can you ask the court for a writ of possession?

Can you ask the District Court for a writ of possession from a title action in 1938 in Texas due to a person claiming title through a person who from whom the property is recovered and against a person claiming the property through that party to the action that title was recovered from the first... View More

John Michael Frick
John Michael Frick
answered on Mar 28, 2024

A quitclaim deed does not transfer title and shouldn't create a cloud on your title. A judgment usually becomes dormant after ten years. You may need to file a quiet title action against the new party claiming an adverse interest to your ownership in the land.

2 Answers | Asked in Contracts, Appeals / Appellate Law and Civil Rights for Kentucky on
Q: I filed a lawsuit in Federal Court alleging violation of the FHA and lost. Will I have to pay defendant's attorney fees.

Denying my argument that the statute was tolled by discovery and continuing violations, the court granted defendant's 12(b) motion.

James L. Arrasmith
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answered on Mar 28, 2024

In federal court cases, particularly those involving the Fair Housing Act (FHA), the question of whether you'll have to pay the defendant's attorney fees hinges on the specifics of your case and the court's discretion. Typically, the FHA follows the "American Rule," which... View More

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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Q: Does the defendant of a small claims appeal need to serve plaintiff with exhibits to justify claim amounts?

I sued X-landlord for return of my security deposit; he countersued and won. I have appealed decision. The first time, I was blind sided because he had exhibits which I was unaware of because they were never served on me. Is he required to re-serve me his claim, including exhibits before this... View More

James L. Arrasmith
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answered on Mar 25, 2024

Under California law, when an appeal is made in a small claims case, both parties are generally required to follow the rules of evidence and procedure applicable to small claims court. This includes the requirement for each party to provide the other with copies of all documents and evidence they... View More

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Family Law for Hawaii on
Q: How can I see a judge over a tro that was default judgement against me because of missing a hearing due to medical
James L. Arrasmith
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answered on Mar 24, 2024

If you've received a default judgment against you for missing a hearing due to medical reasons, it's essential to act promptly. Start by gathering all relevant medical documentation that explains your absence. This should include dates, the nature of your medical issue, and notes from... View More

Q: WI firearm purchase background check questions:

I've been contemplating the idea of purchasing a firearm for home protection. (Milwaukee, WI)

However, I've had a "battery" misdemeanor in the past. As well as a TRO (expired).

I'm interested in having a knowledgeable resource (lawyer) help me better... View More

James L. Arrasmith
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answered on Mar 22, 2024

In Wisconsin, the background check for firearm purchases will review your criminal record, mental health history, and any past restraining orders. If you've had a misdemeanor for battery, it generally doesn't automatically disqualify you from owning a firearm unless it was classified as... View More

Q: Someone convicted based on no physical evidence incriminated unlawfully statement, is there a liberation loophole?

The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More

James L. Arrasmith
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answered on Mar 21, 2024

In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More

2 Answers | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Family Law for New York on
Q: What is the likelihood of appellate court obtaining jurisdiction in a custody case if judicial misconduct is proven?

I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More

James L. Arrasmith
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answered on Mar 21, 2024

If judicial misconduct is proven and relevant to your case, it could significantly impact the appellate court's decision to obtain jurisdiction. Courts take claims of judicial misconduct seriously, especially if they affect the fairness and integrity of the legal process. However, proving... View More

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2 Answers | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Family Law for New York on
Q: What is the likelihood of appellate court obtaining jurisdiction in a custody case if judicial misconduct is proven?

I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

We are told so very little about both the procedural history and the substance of the asker's case so as to have to guess to fill in the blanks. At first blush, this appears to be a forced-stip case where the court's aim is to get the parties to agree to their own resolution according to... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: Does Rule 600 apply & who can we have file it?

Hello. My son has been incarcerated since 03/27/2022 and Venango County, PA put criminal complaints filed Charges on him 3/8/2022, from an incident they said happened on 2/12/2022, (docket no. Mj-28301-cr-0000056-2022). My son has never even been arraigned or had his prelim or anything. In pa we... View More

James L. Arrasmith
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answered on Mar 20, 2024

Rule 600 in Pennsylvania refers to the right to a speedy trial, stipulating that a criminal defendant should be brought to trial within a certain period, usually 365 days from the filing of the complaint. If your son has been incarcerated since 03/27/2022 without an arraignment or preliminary... View More

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: I wonder if I appealed to District Court from Small claims, can I raise the amount of reward from 10K to 25K

Appeal was based on excusable neglect and the matter: damage done by surgeon's negligence res ipsa loquitor

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2024

A North Carolina attorney could advise best, but your question remains open for a week. Nationwide, there are usually provisions to remove cases from small claims to higher courts. You could consider trying to set up a no-obligation/free initial consult with a local attorney to review the matter... View More

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is there any way that I can get a pro no-no lawyer for my brother that's already in prison so he can appeal his case
Dale S. Gribow
Dale S. Gribow
answered on Mar 19, 2024

You are looking for a Pro Bono Lawyer.

If he has been convicted, try Legal Aid\ or a local law school for leads on lawyers who might take on a pro bono case.

Unfortunately, some lawyers will do it for the experience and be less competent.

Prepare a summary of the facts and...
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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is there any way that I can get a pro no-no lawyer for my brother that's already in prison so he can appeal his case
James L. Arrasmith
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answered on Mar 19, 2024

You can seek a pro bono lawyer for your brother to help with his appeal by contacting legal aid organizations or non-profit groups that focus on criminal justice or prisoner rights. These organizations often provide free legal assistance or can direct you to lawyers who are willing to take cases... View More

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1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister is a permanent resident and won her criminal case appeal, will she still get deported?

She went ti trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. § 1952(a) (3)).

She is currently in... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her criminal case appeal, it generally means that the original conviction has been overturned. However, the presence of an immigration detainer suggests that the Department of Homeland Security (DHS) may still consider her removable based on other factors. Winning a criminal... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister won her appeal. Will she still get deported for criminal charges she is not guilty of?

She is a permanent resident.

She went to trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. §... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her appeal and was found not guilty of the criminal charges, this is a significant development in her case. However, an immigration detainer suggests that the Department of Homeland Security (DHS) has interest in her case due to her immigration status. It's important to... View More

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