Pennsylvania Appeals / Appellate Law Questions & Answers

Q: I have a pfa against my mil that she appealed to superior court. Do i just show up to the hearing

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
Yes and no. There are very specific procedures for appeals to the Superior Court of Pennsylvania, and she must follow them to get any appellate relief at all. You too must correctly follow all of the appellate procedures.

If oral argument is requested and scheduled -- that's the "hearing" -- then yes, you would show up to that. But there are briefs, the court transcript in the trial court, etc. that must be filed first and long before that.

I suggest you speak with (and hire)...

Q: Can grandmother successfully appeal our adoption petition?

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
Zero idea, because I know zero about your case -- either substantively or procedurally -- and neither does any other attorney here on Justia. If you have an attorney that assisted you through the adoption process, however, you should pose your question to him/her. If you don't have an attorney, now is a great time to consult one if you feel you're in over your head.

Best of luck to you.

Q: How do I appeal a name change award for my son?

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Answered on Nov 28, 2018
Cary B. Hall's answer
If you do it quickly (typically 10 days after the trial court order), you could ask the trial court to reconsider its order. If you did not receive notice, file for reconsideration and say that.

Otherwise, you have 30 days after the order to file an appeal to the Superior Court of Pennsylvania.

Best of luck to you.

Q: im trying to appeal my unemployment benefits

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Pennsylvania on
Answered on Oct 11, 2018
Peter N. Munsing's answer
You haven't said why or what grounds. First get the appeal in before the deadline--you can always add to it.

If you can't afford an attorney, contact North Penn Legal Services. https://www.northpennlegal.org/

Q: I have a Nj Child Support Issue that is open since 1997 the Child is over 18 now and in 2000 I filed for adoption

1 Answer | Asked in Child Support, Family Law and Appeals / Appellate Law for Pennsylvania on
Answered on Sep 19, 2018
Cary B. Hall's answer
You need to address your issue with a New Jersey attorney, since New Jersey law is at play here. Try again in the New Jersey section.

Best of luck to you.

Q: I live in Pennsylvania. If the Federal Appellate court in District 9 reverses a decision that is identical to a

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Answered on Jul 24, 2018
Peter N. Munsing's answer
9th Circuit rulings aren't binding on the Third Circuit, but it sounds like you were convicted so you are looking at Superior Court of 3rd Circuit. Why not discuss it with whoever represented you in the criminal case?

Q: Can you appeal a descion from landlord to get rid of dog?

1 Answer | Asked in Animal / Dog Law, Appeals / Appellate Law and Landlord - Tenant for Pennsylvania on
Answered on Jul 18, 2018
Peter N. Munsing's answer
Check your lease. You haven't said what breed of dog he is. If he is strong enough to pull a stake out of the ground then chances are no court will side with you.

Second, he knocked someone down. That's aggression. You may think it's cute. The fact you wrote the above says no one else did.

Not trying to down you but you have to get a bit more perspective--a dog is not presumed innocent, especially one that is of sufficient size and strength to knock someone down. You leave...

Q: What can I do if my employer gave me a fraudulent workers comp number to provide to health care providers?

2 Answers | Asked in Workers' Compensation, Appeals / Appellate Law and Sexual Harassment for Pennsylvania on
Answered on Jun 11, 2018
Glenn Neiman's answer
You should consult with an attorney certified as a specialist in workers compensation law. The attorney can see what has been filed and determine what the situation might be. There would be no charge for an initial consultation.

Q: My daughter won her appeal, however the court still is withholding the children.How long can this go on?

2 Answers | Asked in Appeals / Appellate Law, Family Law and Child Custody for Pennsylvania on
Answered on Jun 7, 2018
Cary B. Hall's answer
Unfortunately, it's impossible to answer your question without knowing all of the facts of your daughter's case. Presumably it's a dependency case, with Child & Youth involved? Troubling perhaps that her attorney agreed to continue the kids in placement for another 30 days if Children & Youth are simply grasping at straws now -- but if the judge was going to order that anyway, it might've been a strategically tactful decision. Typically, once Children & Youth get their claws into you, they...

Q: On an appeal, do I need to have a criminal attorney from the county in which the original trial took place?

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Answered on Mar 25, 2018
Zak Taylor Goldstein's answer
No, criminal appeals are all done through e-filing, and they consist mostly of writing briefs to make arguments based on the record. Sometimes there are oral arguments that could require travel, but many appeals do not involve oral argument. You can hire any attorney who is licensed in the jurisdiction.

Q: How should i best handle charges due to U-Haul truck damages that I did not cause?

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Appeals / Appellate Law for Pennsylvania on
Answered on Mar 22, 2018
Peter N. Munsing's answer
Hope you told your credit card company the amount is in dispute. Did you have witnesses? Find out what they are claiming are the damages--if it's things like undercarriage likely you didn't cause them.

Q: I won a case in magisterial district court. The company that lost is appealing. In the notice i got it states that I hav

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Answered on Feb 20, 2018
Peter N. Munsing's answer
I believe you have to file the complaint as I read your facts. You need to write a complaint. Suggest you contact the local bar association to see if an attorney will help you. If not, go to your county law library, and look in Dunlap & Hanna's forms for a complaint related to your situation.

Be sure to send a copy by first class mail with all necessary postage to the other person, and note the date on a "certificate of service."

You also want to file an...

Q: Can I appeal a decision by a custody consiliator in pa

2 Answers | Asked in Appeals / Appellate Law and Child Custody for Pennsylvania on
Answered on Feb 18, 2018
Kathryn Hilbush's answer
Yes. The appeal period is set forth on the order you received.

Q: #1, on a workmans comp case waiting the appeal hearing for next month, how does the state recognize "employment" from an

1 Answer | Asked in Appeals / Appellate Law, Workers' Compensation and Civil Rights for Pennsylvania on
Answered on Jan 22, 2018
Timothy Belt's answer
Whether or not an individual is an employee or a subcontractor is a factual determination that depends on a number of things including the industry. If your business is involved in construction, different rules apply. The primary factor is control. Who sets the schedule. Who assigns the work. Who oversees the work. Whether the alleged employee has the right to come and go as they please among other factors. It is rather complicated, and if you are found to be an employer you could face...

Q: How long can the courts hold you to a earning potential ? We keep appealing it and nothing happens! Help ! PART 1!!

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Support for Pennsylvania on
Answered on Jan 4, 2018
Kathryn Hilbush's answer
I assume you're posting the rest of your question later? I can tell you that 50/50 custody is calcluated by overnights so, if your BF doesn't have the children overnight for 7 nights out of every 14, he doesn't have 50/50 custody, no matter how many days he has them without sleeping over. He may be entitled to a reduction in his support if he has them more than 40% of the time, however.

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
Peter N. Munsing's answer
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....

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
Peter N. Munsing's answer
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.

Q: Im on house arrest cause i need surgery the dr wont do the surgery unless the anklet is removed....

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Pennsylvania on
Answered on Oct 17, 2017
Zak Taylor Goldstein's answer
Your lawyer can file a motion with the probation judge asking the judge to let you remove the monitor in order to have surgery.

Q: Can my fiancee sue for short term disability after she appealed with work and was still denied?

1 Answer | Asked in Appeals / Appellate Law, Employment Law, Personal Injury and Social Security for Pennsylvania on
Answered on Jul 18, 2017
Peter N. Munsing's answer
You should talk to a lawyer who handles those, however disability claim on migraines is very tough.

Q: My husband filed an appeal 5 months agao and still haven't received any information back how long is the process

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Answered on Apr 20, 2017
Mark McCulloch's answer
I know that waiting is frustrating. But the appellate process grinds along very slowly. I don't know what kind of appeal you have or which court is considering it but generally, if you are appealing a criminal case to the Superior Court, which is the appellate court that hears appeals from final orders in the Court of Common Pleas, you can expect to wait about eight months. If there is oral argument, it will be about eight weeks after oral argument. Again, it's tough waiting, not just for the...

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