Can a motion to vacate/void judgment be filed with lower court, if the case is pending appeal?

A trial court retains jurisdiction to set aside a judgment procured by extrinsic fraud notwithstanding a pending appeal. But not intrinsic fraud. ...

Appeal. en banc motion

There is no such thing as an "en banc" motion in the state courts of appeal. That term refers to a procedure available only in the federal circuit...

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A question regarding appeals.

The order of dismissal becomes final 30 days after it is issued, and you have only 15 days from issuance to file a motion to reinstate.

Do I file a notice of Appeal? Or A Motion of Breach of Fiduciary Duty Or A Trial Brief stating all of the above issues?

I, too, am not sure where a breach of fiduciary duty fits into your case. Your ex does owe to you certain fiduciary duties, but you don't describe...

Question on appeals in family court

Assuming that your case was heard in the Riverside County Superior Court, any appeal would be heard by the Fourth District, Second Division Court...

How can I clarify if this information is true? If it is not, is there anything I can do about her lying about it.

It not clear why it matters what she said. You do not have an attorney and no one is acting on your behalf. She probably misspoke, but in any...

In my opinion, there is no way for an attorney to effectively represent a client without speaking to opposing counsel outside the presence of the...

Is the arbitrator still allowed to give a binding decision?What are my options to not be stripped of my right to sue in court?

You cannot sue under the circumstances (unless you first challenged the arbitrability of the dispute - before the arbitration - and thereby...

Waiver of California Code of Civil Procedure sections 1032, 1033.5, 1034 and 998. via appeal

I believe that you are confusing a party's obligation to pay those costs directly as the cost of litigation, and the losing party's obligation to...

Has Rule 3.1324 been properly scrutinized by the higher courts and can I appeal both the denied motion & trial judgment?

You to not need to appeal "both" the judgment and the denial of your pre-judgment motions. The orders denying motions are, for the most part,...