Judge entered an illegal judgment against me and now I am collaterally challenging that judgment, can I amend the judge in?
Herb's answer
|
Answered on December 03, 2023
Why aren't you moving to disqualify the judge for cause? If granted the disquailifcation will annull all orders previously entered. And if the...
Can an appeal have an adverse affect?
Herb's answer
|
Answered on November 24, 2023
An order allowing or disallowing a "move away" is immediately appealable. But the appeal is not a DIY project. You must demonstrate that the...
Is bias from a court appointed child’s attorney grounds for an appeal?
Herb's answer
|
Answered on November 24, 2023
This is not the kind of issue that you can raise on appeal for the first time. You first need to file an RFO in the family law court presenting...
Can a convicted felon appeal a restraining order?
Herb's answer
|
Answered on November 19, 2023
Yes he can, and if he does you will have the right to respond to the appeal. You might be comforted by the fact that the restraining order...
Excusable neglect, equitable tolling for late filing of Notice of Appeal ?
Herb's answer
|
Answered on November 14, 2023
Neither excusable neglect nor equitable tolling will save a late filed appeal in the state courts. If the Notice appears to be late, the Court...
Is a party allowed to use testimony that wasn't provided in the description of abuse in a tro hearing.?
Herb's answer
|
Answered on November 02, 2023
If this was a hearing for the temporary r/o, as you say, the court should have set an evidentiary hearing for the dvro, meaning that you will have ...
Can I appeal a summary judgment??
Herb's answer
|
Answered on October 30, 2023
The denial of a motion for reconsideration is not itself appealable. Your appeal is from the judgment (not the order granting summary judgment but...
Can you request En Banc review at the Court of Appeal, if your appeal was dismissed at the Court of Appeal by the Admin Justice
Herb's answer
|
Answered on October 30, 2023
There is no such thing as en banc rehearing in the state court of appeal. It only exists in the federal courts of appeal, and you do not specify...
Terminating Sanction was denied. Can I file a writ of mandate?
Herb's answer
|
Answered on October 29, 2023
I assume you were asking whether you can file a petition for writ of mandate. Yes, you can.
If you do file the petiion will the appellate court...
Can I serve a courtesy copy of an appeal to a different court than the one where the case is in?
Herb's answer
|
Answered on October 24, 2023
Thousands of appellate briefs are filed each year in the state Courts of Appeal, and most of those briefs cite to dozens or scores of prior...
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
The Avvo Rating explained
The Avvo Rating explained