I was suppose to file a brief by July 11, 2012, I asked for a stipulation and the opposing parties Attorney said, "No his client wants no stipulations." He then said just get your brief in and I will answer it. So I sent in a brief by July 12, 2012 by 12 noon. After reviewing it, I amended it. I submitted a Motion to Amend Brief and show cause. The opposing Attorney objected to my Brief be allowed. The Judge granted it to not be submitted and then it resulted in a Mother with 4 children the youngest 7 months to be evicted out of her home on August 26, 2012. Could the Judge made a decision to allow my brief?
Guardianship Law Attorney
The judge had discretion to deny your request. On appeal, you would need to show the judge misapplied the law or his ruling was clearly erroneous. It doesnot appear that either happened. The judge simply failed to grant you more time. just because you are not happy, doe snot mean the judge was wrong or misapplied the law.
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Car / Auto Accident Lawyer
Yes. but don't count on wining. Unless the appeals ct finds the lower court abused it's discretion you will lose.
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