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Pennsylvania Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: How do I move forward after a preliminary objection was overruled?

I am the plaintiff in a civil case. I filed an appeal for the original ruling and the defendants filed a preliminary objection. When I called the clerk they said that either party has to file a motion to either proceed or I have to file a motion to drop the case. The clerk would not tell me how I... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 4, 2015

The first thing is to go see an appellate attorney. You might also try to learn the rules of appellate procedure in your state. You might be able to get them online.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: is there such a legal definition as "closer judicial scrutiny" to use as a reason

a cplr article 78 ruling the 4 judges who ruled at the appellate level used " closer judicial scrutiny" as a reason to overturn a nys supreme judge vacating an arbitrators award in a n earlier in a compulsory arbitration hearing

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 1, 2015

Yes, but the question as asked is quite confusing. The whole opinion needs to be reviewed, not just one phrase used by the appellate court. Go see an appellate attorney for a full discussion of the issues.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: can I be sued for court cost while case is being appealed

I lost a civil case and filed an appeal. The defendants lawyer's threaten if I don't drop it they would come after me for court cost. I filed a disallowance of court cost and it was denied. I have 14 days to respond. Is this legal?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 1, 2015

Probably. Appeals are very complex.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: How do i respond to a praecipe to file comlaint?

I won a judgement against my previous landlord in small claims court in Philadelphia county and his lawyer filed an appeal and also a "praecipe to file complaint" within 20 days. How do i respond to this filing

Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 24, 2013

I suggest that you get a lawyer and have the lawyer draft a proper complaint.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Do you need an order o merit from a federal district judge on awrit of habeas corpus to appealto 3rd circuit of appea
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 4, 2013

What are you trying to appeal? What is an order of merit? Unless PA has changed the rules, if you do not agree with a judge's decision, you can automatically appeal. There are no further requirements.

But you need to look at why you are appealing and what you are really appealing....
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1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: What do you know about Furman v Georgia?
Charles Snyderman
Charles Snyderman
answered on Jan 30, 2013

Here is a link to the opinion.

http://scholar.google.com/scholar_case?case=3510234117314043073&hl=en&as...

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: How do ia check on appeals decision, superior ct of pennsylvania
Disna Malkanthi Weerasinghe
Disna Malkanthi Weerasinghe
answered on Dec 12, 2012

If the Superior Court Judges make a decision on your case they will file the decision with the recorder's office. In turn they will inform the Prothonotary. You can call the Prothonotary's Office in your area (For eg: For Eastern District decisions call Philadelphia Prothonotary)(Middle... View More

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