Archived
In my appeal, does it matter if the evidence was insufficient? What will happen if the court doesn't respond to the brief?
Herb's answer
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Answered on August 02, 2016
I know this is painful to hear, but the appeal is not a new trial. The court of appeal will not reweigh the evidence (that is, decide who is...
Can a court appointed forensic accountant be sued?
Herb's answer
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Answered on August 01, 2016
Having read some of your comments, it strikes me that your remedy is a motion to vacate the judgment that resulted from the undisclosed conflict of...
Do I have to oppose a Motion for Attorney fees in addition to filing our Notice of Appeal and a Notice of Stay of Proceedings?
Herb's answer
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Answered on August 01, 2016
There is no such thing as a "notice of stay" of proceedings except in bankruptcy proceedings. Absent a bankruptcy, and depending on the nature of...
Archived
If two parents sign a informal custody agreement and have two witnesses sign as well, will that agreement be upheld in court?
Herb's answer
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Answered on July 31, 2016
The witnesses are irrelevant, and she will not get into "trouble". The issue is the best interests of your children (in the opinion of the...
Can appellant reply brief include an exhibits or they should be filed as appendix?
Herb's answer
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Answered on July 28, 2016
First question: are these exhibits that were offered into evidence at the trial? If not, you cannot use them at all, unless they can offered...
Archived
How to ask for a retrial/appeal/motion if a DV case got dismissed due to mistrail
Herb's answer
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Answered on July 28, 2016
If the case was disposed of by a "mistrial", then the D.A. can choose to re-prosecute, But that is not your choice; it is up to the D.A. Nor can...
Archived
Can I get a Fourth District writ of supersedeas without filing an appeal (the 60 days runs next Monday)?
Herb's answer
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Answered on July 28, 2016
If you want to stop or delay collection without filing a notice of appeal (followed up with a bond - supersedeas is notoriously difficult to obtain...
Archived
Judge did not address matter taken under submission. What can I do now?
Herb's answer
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Answered on July 25, 2016
Whether you can or should file a Motion for Reconsideration (I am assuming this was an ex parte motion for an order, and not the final decision on...
Archived
How would ex force me to pay her attorney fees?
Herb's answer
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Answered on July 25, 2016
If I understand your question, you are correct: you will only be required to pay your ex's attorneys fees if his attorney asks for such an order,...
Archived
How can I get this done; a motion to dismiss or strike a "memorandum of costs".
Herb's answer
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Answered on July 25, 2016
The technical term for what you seek is a Motion to Tax Costs and/or Strike the Memorandum of Costs. You only have 10 or 15 days after the service...
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