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Ohio Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: Im confused as to what documents and as to who gets what when filing an appeal packet in Ohio 5th District court?

I am not sure where and who gets what papers to file an appeal. Does the trial court get my evidence information when I file?

Nicholas P. Weiss
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answered on May 14, 2024

There are many rules about how to file an appeal and how to transfer the docket and the trial information to the appellate clerk. Please do not try to do this yourself. It is very easy to mess up, and then your appeal would be dismissed. Get local counsel to assist you in the appeal, even if... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: I need to find a att to use Findlay ohio

I want to go back to a mental health evaluation not being done and letting me sign all kinds of legal contract stuff when I was not in eight state of mind

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

If you're feeling overwhelmed because of past decisions made during a time when you weren't in the best state of mind, especially regarding legal contracts, it's important to take steps towards addressing these concerns. Legal agreements can be complex, and their validity might be... View More

Q: grooming policy states it is discretionary by boss to shave beard. multiple coworkers do not have to. do i ?

multiple co-workers are allowed to have facial hair including my supervisor. Why do i have to shave?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2024

If your workplace grooming policy states that the decision to require shaving is at the discretion of your boss, it implies that there is room for individual judgment on whether or not an employee needs to shave their beard. The fact that your co-workers, including your supervisor, are allowed to... View More

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1 Answer | Asked in Constitutional Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Ohio on
Q: What kind of attorney do I need to file a civil and constructional rights lawsuit? For not getting a fair Jury trial.
John Michael Frick
John Michael Frick
answered on Aug 24, 2023

First and foremost, you need an appellate attorney to successfully overturn the jury verdict on appeal on a specific ground that shows a lack of fairness in your trial. Unless and until you accomplish this, you have no viable civil claim.

Assuming your appellate attorney succeeds, you need...
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1 Answer | Asked in Appeals / Appellate Law, Family Law, Child Custody and Constitutional Law for Ohio on
Q: Can you think of a case that has won when the appellate files an appeal with the Supreme Court from the court of appeals

Juvenile court judgement to terminate parental rights and grant custody to agency. Appellate files appeal with the district court of appeals. Appeals court agreed with juvenile court. Appellate then files appeal with Supreme court. Has any case ever won at that point, if so I need a case number to... View More

Matthew Williams
Matthew Williams
answered on Apr 25, 2023

Something as broad as any case the appellant has won at the Supreme Court is unlikely to help you too much but here are two from a quick search of the Supreme Court's website: In re R.K., 152 Ohio St.3d 316, 2018-Ohio-23 and In re C.F., 113 Ohio St.3d 73, 2007-Ohio-1104. Yes, the Supreme Court... View More

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... View 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.
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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.... View 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 Contracts, Animal / Dog Law and Appeals / Appellate Law for Ohio on
Q: Would I be able to go after a vet office for making me sign things while I was in a mental crisis?

When I had to put my cat down, I was not in the correct state of mind. I could barely comprehend what was going on at the time as if I was in a dissociative state. I'm not able to pay the bill, and despite me saying that multiple times, it felt as if they kept pressuring me to sign the... View More

Matthew Williams
Matthew Williams
answered on Jan 14, 2024

You need to pay your bills like all of the rest of us.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Ohio on
Q: I am my son's POA. Can I file a sentence appeal with the Ohio Forth District Court of Appeals for him? If so, how?
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2023

No. A power of attorney does not empower you to represent him in a court of law, which would include the filing of an appeal.

1 Answer | Asked in Appeals / Appellate Law and Divorce for Ohio on
Q: In an Ohio divorce, can a motion for relief from judgement be filed by a party after an appeal by the opposing was filed

Courts made their own journal entry for divorce based on an MOU we filed with the court. Parties were supposed to draft own entry but battled on the language and hidden items. Ex has appealed based on abuse of discretion, changes to agreement. She is battling a contingency clause she specifically... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 28, 2023

The time to file a relief from judgment would have been before an appeal was filed. Under these facts i do not think such a motion would be successful.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Ohio on
Q: My friend was convicted of a crime we feel her attorney didn't do his job. What can we file to re open case

He refused to let her see the motion of discovery. She tried to fire him the judge wouldn't let her. She told him things to help prove her side some he didn't even look into. They made a murder series episode about her case the interviews were shown a couple things were complete and could... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 18, 2023

There are many requirements in legal malpractice cases that very state by state. One requirement in some states is an actual finding of innocence. Consult with experienced legal malpractice attorneys in the state where this occurred.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Ohio on
Q: Can I file an appeal from someone in falsifying court documents and getting custody of my kids? And terminating my right

My aunt is a CPS supervisor here in Franklin County, and she offered to help me with my children until my youngest child was raised in at about 10 months. I was talking to her about getting my kids back and she was telling me that I was doing good and there’s not in the other and then oddly I get... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 24, 2023

Sadly. It sounds like the critical decisions were made 4 years ago. That is well outside the 30 day time-line for appeal. As mother you can always file for a change of legal custody of you can show a change of circumstances of either the child or the child's caregiver.

1 Answer | Asked in Consumer Law, Tax Law, Appeals / Appellate Law and Business Law for Ohio on
Q: I.ve been erroneously garnished by the tax dept I am looking for the best course of action after....

They think I am running a business that has been defunct for 9 years. I produced evidence that this was not the case and proof I made them aware of this years ago. I sent this to the tax office, Attorney General and the courts. They were dragging their feet so I contacted Ohio Senate and got them... View More

David Ostrove
David Ostrove
answered on May 25, 2023

Keep om writing to the authorities not less often then every three weeks. Explain everything, in detail. Do not give up. Eventually you will indeed get their attention and they will respond in a correct positive manner. Don't give up!

DAVID OSTROVE

Attorney at Law

6157 Wooster Ave

L.A., CA 90056

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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... View More

Charles William Michaels
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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... View 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... View More

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