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If a claim is dismissed because it fails to state an appropriate cause of action and relief sought

Cleveland, OH |

then in the appeals court, will I be required to only submit cause and relief sought or will they require more documentation to review the case or will they rely on the memorandum of opinion?
Also.. What would be a suitable cause of action for public policy/tort(civil) or could /or should it be (contract, then would I have to file in a State court?)

Attorney Answers 1

Posted

Appellate courts only review for errors below. They don't reconsider the case, and they don't allow you to submit any new information. You are unlikely to get a dismissal for failure to state a cause of action overturned on appeal, especially if it was done pro se. Normally if a case is dismissed for failure to state a cause of action, you can refile it if you can properly plead a cause of action. Since you had trouble initially, and are not comfortable or clear on the appropriate legal procedures, I would encourage you to seek legal representation.

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2 comments

Asker

Posted

Thank you. Can I refile this case in federal court again, or do I have to go to State court?

Heather Morcroft

Heather Morcroft

Posted

I have no idea, I don't know enough about the case. You need to meet with a lawyer who handles that area of the law. Sent from my MOTOROLA ATRIX™ HD on AT&T > >---------------------------------------- This email was sent by: Avvo, Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, USA We respect your right to privacy - visit the following URL to view our policy. ( http://click.mail5.avvo.com/?qs=df3e2ea7fe4001e1f30f2ae6458fe22d6583a4a502ccda0c71fd73759fe8b77efcce74fd016880eb ) ----------------------------------------

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