Matthew Williams' answer Please don't write in ALL CAPS. It's hard to read. It sounds like the appellate court did one of two things: (1) found that there was no final appealable order, or (2) indicated that without findings of fact and conclusions of law, they didn't have a sufficient record to overturn the trial court and affirmed. If it's (1), then you need to go get a final appealable order and appeal again. If it's (2), you're probably out of luck. Determining whether you're attorney is at fault would necessitate...
Joseph Jaap's answer Do you have documents that show you paid the amounts they say are due? Were the amounts you paid listed on your tax returns, payroll deductions, or bank statements? If their records show you owe money, even if they don't have full documentation of that, you might have the burden to prove that you made the payments. Otherwise, you could be ordered to pay again. Use the Find a Lawyer tab and retain a local family law attorney to assist you.
Joseph Jaap's answer The divorce process and legal system can be frustrating and slow. You have a lawyer, so discuss this with your lawyer. But the lawyer must follow the legal process, as slow as it is, and not much can be done to speed anything up.
Robert D. Kreisman's answer If you are bringing the appeal, you would be the appellant. You are broaching an area of the law (federal appellate procedure) with very specific procedural rules that must be obeyed or your appeal would or could be dismissed. You need to try to hire an appellate attorney to help. There are just too many hurdles to get over that would prejudice your effort. It's tough enough for lawyers to do federal appeals without failing in one of the many procedural requirements that if not met, will...
Joseph Jaap's answer There is a specific process and time limit for filing an appeal. If not done properly, then the opportunity for appeal is lost. Since a magistrate and judge have both ruled against you, without an attorney to assist you with an appeal, a successful appeal would be difficult. Use the Find a Lawyer tab to retain a local family law attorney, or check with any local legal assistance clinics, legal aid, or law school legal clinics.
Matthew Williams' answer I wouldn't call it routine. It's hard to give you much advice based on what you've posted here. But, you really ought to be working with an attorney. Appeals are very technical and appellate courts don't have a lot of patience with litigants who don't follow the rules and procedures to the letter.
Bruce Martin Broyles' answer 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.
Matthew Williams' answer Yes, indictments can be amended during trial, and charges may also appear to have been added if the judge gives an instruction to the jury concerning a lesser included offense. It really doesn't matter that much what a person was originally charged with. If the evidence demonstrates another charge is more appropriate, the indictment may be amended, the jury may be instructed to include the offense in their deliberations, a superseding indictment may be filed, or a new case may be filed.
Matthew Williams' answer There is no good basis for a delayed appeal. I have argued that the court has made sure there is no such thing, and I have lost. A delayed appeal without truly new evidence is a thing primed to die,
Matthew Williams' answer This case was almost certainly dismissed from municipal court and indicated in county court. That procedure causes a lot of confusion with folks thinking the case has been dropped when it is really just being transferred to the felony court. It sounds like a tough case to "beat" but that doesn't mean the outcome cannot be improved. Your friend should get a lawyer.
Matthew Williams' answer If you didn't object to it at trial, they probably won't think anything at all of it. Appellate courts do not reconsider evidence. They might consider its admission into the record, if someone objected to it being admitted, but it sounds like that didn't happen. This is why you need to be represented by an attorney in any case.
Matthew Williams' answer The time for appeals begins to run after you are convicted and sentenced, not after you've been charged. You cannot appeal a charge. If you have been convicted and sentenced, you are supposed to file a notice of appeal within 30 days, but can generally get an extension if its your first go at the appeal.
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