instructed by the Judge to do so. Judge doesn't believe me. So I have to appeal. But the answer we are all looking for is a letter in the mail legal proof of service. Because it is not 'proof' of anything. The fact that the other side is responsible to notify is insane.
Lawsuit / Dispute Attorney
I'm sorry, but I don't see a question here.
Part of a judge's job is to make a ruling on who is telling the truth, and it appears that the judge did not believe you. I agree that is unfortunate, but it happens.
I strongly urge you to review your file with an attorney to figure out what can be done. An appeal that simply says "I was not served with certain papers and the judge did not believe me" will most likely fail. Having said that, there may be other arguments that have a better chance of success.
Best of luck to you.
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Administrative Law Lawyer
Here is the problem: the appellate court will not simply decide that the trial court should have believed you. If this issue is truly an issue of credibility, then you most likely will suffer an unfortunate financial result. But the attorneys here are NOT convinced that this issue is one solely of credibility. There may be a presumption in the law that the court was required to give effect to and didn't. There may be a standard of evidence that the court was required to find before making a determination and failed to find. No one can give you an exhaustive list of the grounds on which you may have some recourse without knowing the facts and circumstances in detail. If the present result is truly unacceptable, then scrape together the very minimal cost for a consultation with a local litigator. That will be faster, cheaper, and much more reliably predictive than taking a blind shot with the appellate court on an issue of pure credibility.
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You are jumping to a lot of conclusions when you say opposing counsel "purposely" did not serve notice of hearing. A letter in the mail, by itself, probably would not be the required proof. However, a letter coupled with an executed proof of service (which would usually be proof enough, itself) may constitute sufficient evidence for the court to rule that you had actual notice of the hearing. BTW, the attitude expressed in your question is unlikely to get a sympathetic responses here or before the court.
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