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How long after 1st appeal is dismissed can I file for a second appeal

Philadelphia, PA |

how long after 1 st appeal dismissed has to apply to 2 nd appeal ?

Attorney Answers 3

Posted

You are not providing enough information for anyone to answer your question.
What type of appeal are you talking about?
What did the underlying action involve, from which you filed an appeal.
Why do you think that you have the right to file another appeal?
What court dismissed the appeal?

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Posted

I agree with Mr. Larrimore. The question is particularly impossible to answer because it is unclear whether by "second appeal" you mean "reconsideration" or "review by the next highest appellate court in the state." It is not even clear whether you are in state or federal court. Some states do not have more than one appellate court (e.g., West Virginia) so there would no opportunity for a "second appeal." You will have to provide far more information in order for anyone to provide you with a meaningful response.

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Posted

The appellate record needs to be examined because what is in the record already sets the stage for what can be done next. The answer to your question may take several hours of legal research. You do not state what the outcome was. Why? And to decide what the next step will be needs to be really fast because the appeal deadline clock is running

You might find helpful my Legal Guide Questions to Consider Before Bringing an Appeal

http://www.avvo.com/legal-guides/ugc/questions-to-consider-before-bringing-an-appeal

Because this matter is so important you should really get a lawyer.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

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