Skip to main content
Dabney Finch

Dabney Finch’s Answers

336 total


  • If your are appealing a civil jury verdict based on abuse of discretion by court; are you appealing to have verdict overturned?

    If you are appealing your case (civil case, that went to jury trial), and your are arguing that the District Court abused their discretion at some point before trial, which led to you having an unfair trial and the jury ruling against you; are you...

    Dabney’s Answer

    Yes, you are appealing to have the jury verdict reversed and the case remanded back so you can get a fair trial.

    See question 
  • Who has jurisdiction over a juvenile case , I tried to file a Appeal on a judgement saying we could not see our grand daughter

    But I received the paperwork back in the mail from court house and it was signed by the the judge in the case and it said they do not have jurisdiction. So I'm trying to find out who does have jurisdiction but can not get any answers

    Dabney’s Answer

    Start here: http://www.shastacourts.com/Divisions/JuvenileCourt.shtml

    The parent of your grand daughter should be able to give you all this information, unless of course the parent was the cause of that order. Best of luck to you.

    See question 
  • Appellant's Notice Designating Record On Appeal (APP-003)

    I will be filing the Appellant's Notice Designating Record On Appeal (APP-003) in Superior Court. I will opt to file an appendix and request the transcripts of the private court reporter. I will file APP-003 without attaching any deposit as I will...

    Dabney’s Answer

    I think this rule may help you out:
    "(3) Instead of a deposit under (1), the party may substitute:(A) The reporter's written waiver of a deposit. A reporter may waive the deposit for a part of the designated proceedings, but such a waiver replaces the deposit for only that part.(B) A copy of a Transcript Reimbursement Fund application filed under (c)(1).(C) A certified transcript of all of the proceedings designated by the party. The transcript must comply with the format requirements of rule 8.144."

    Cal. Rules of Court,, rule 8.130, 28 U.S.C.A.

    See question 
  • Transcripts in the Appellate Court

    I filed an appeal from a lower court judgment in a civil case. While the case was in the lower court, the other side hired a court reporter whom I paid to get the transcripts. The court reporter gave me a certified copy of the transcripts. Can I s...

    Dabney’s Answer

    Contact the court reporter directly and tell him or her you need the RT prepared for the appeal (Usually they will send you a letter). Do not submit your copy to the court of appeal and there is no reason to give it back to the court reporter. The court reporter will prepare a special copy for the appellate court (the pages have to be consecutively numbered and in volumes, which is different from the "dailies").

    See question 
  • Appeal and APP-003

    I appealed a Superior Court judgment. I will complete and file with Superior Court the Appellant's Notice Designating Record On Appeal (APP-003). Is there a link or certain material at the law library that can help me complete this form? The other...

    Dabney’s Answer

    These are good procedural questions but instead of answering every one (& there would be many more) I'm going to direct you to the place that can answer many of them: CA appellate rules, which you can find on your superior court's website under, probably, rules and forms. Contact the court reporter--s/he will give you a discounted rate since they are already done to have a copy certified to the COA. Don't send the RT to the COA. there should also be advice about filling out the notice designating record in the forms section of the superior court's website. Best of luck!

    See question 
  • Appeals and Appellate Courts

    In my divorce case, a judge in Family court issued an order against me that included paying attorney’s fees for the other side. I will timely file an appeal. Is there statute or case law that mandate that I pay these attorney’s fees before I am ab...

    Dabney’s Answer

    Not necessarily. I recommend you consult with your family law counsel, who is familiar with your particular case. Your spouse could be successful in a motion to stay your appeal until you pay the ordered amount. You could also be liable for paying your spouse's fees on appeal, which could be very substantial. I recommend you carefully consider your chances of success on appeal, given the applicable standard of review, prior to proceeding.

    See question 
  • Does Appellant in a civil case need to serve Respondent with the record on appeal? What Rule of Court is applicable?

    I only received Appellant's opening brief and he cites to "CT/40 paragraph 5." I assume that means the clerk's transcript but he never sent anything so I do not know how to check if his cites are correct. Please advice?!

    Dabney’s Answer

    If appellant opted to use an appellant's appendix then you must be served with it. On the other hand, if appellant opted to use a CT, you are responsible for obtaining your own copy. Same with the RT. Under certain circumstances you may borrow appellant's copies. See Rule 8.153, which you can access online.

    See question 
  • What is the common standard of review that the Ninth Circuit appellate court would make on a civil jury trial verdict?

    Appealing a civil jury verdict in the ninth circuit, and trying to determine what the ninth circuit appellate court's standard of review would be

    Dabney’s Answer

    There is not enough information to answer this question, because that depends upon what specifically is being appealed. The question is a good one, but the answers are very complex and subtle. I highly recommend you consult with an appellate attorney--there are some on Avvo who handle federal appeals. Failing that, be prepared to do some extensive research in a law library.

    See question 
  • How long does it normally take for a ruling on a statutory writ of mandate?

    Defendants filed a Petition for Writ of Mandate after their motion to quash service was denied. My opposition was filed on July 15. About how long should it take for the Court to reach a decision?

    Dabney’s Answer

    Only an appellate attorney who regularly files writs in your district court of appeal could answer that; hopefully one is on the panel and will respond. If that doesn't happen, call the clerk at the court of appeal and ask for an estimate. Best of luck.

    See question 
  • Is it possible for a summary judgment to be reversed...

    on something not presented in the appellate opening brief? I don't really understand De Novo review, I thought it meant the appellate court will read the entire case and reach their own decision. The respondent brief states the court can only lo...

    Dabney’s Answer

    • Selected as best answer

    You are responsible for bringing the court of appeal's attention to any arguments you have--don't expect them to find reasons to overturn the judgment you have not argued. Similarly, the will not independently review the entire record. "Preliminarily--?" not sure what you mean by that; if the court did not reverse itself later, by all means explain that in your reply brief. Without knowing more context I'm unable to tell you how to argue but sounds reasonable to me. Best of luck!

    See question