Archived
Can a civil case be appealed because I missed my court date and it was dismissed for non prosecution?
Herb's answer
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Answered on August 19, 2015
Both Mr. Burt and Mr. May raise excellent points, and in that sense they are both right. Depending on when the dismissal was entered, you might be...
Archived
Can I file an appeal once a judgement has been made for financial division in a divorce?
Herb's answer
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Answered on August 17, 2015
It may be too late for you to appeal, because the outside (longest) deadline is 180 from the date of the judgment. But your post is confusing from...
Archived
The superior court, court of appeal & the state Supreme Court prejudiced me on a civil matter; can I writ to the District Court?
Herb's answer
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Answered on August 16, 2015
First, assuming that you have a Federal question - which I doubt - your vehicle is not a writ to the District Corut (it has no jurisdiction over...
Archived
If your are appealing a civil jury verdict based on abuse of discretion by court; are you appealing to have verdict overturned?
Herb's answer
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Answered on August 16, 2015
It does not matter if you are attacking the trial court's ruling or attacking the verdict directly; the result, if you win, is the same: reversal...
Archived
Appellate Attorneys and Third Appellate District
Herb's answer
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Answered on August 12, 2015
As a former Court of Appeal research attorney (not in the Third District) I have the same questions as Mr. Green. Although working as a research...
Can you argue the fact that the court did not allow me to amend my complaint prior to the civil jury trial, on appeal?
Herb's answer
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Answered on August 11, 2015
Your post and your comments all pose the right questions. But no one can (or will) answer those questions because - at the risk of using a cliche...
Archived
Time allowed for defendant to file a motion to set aside a default in a civil suit for personal injury
Herb's answer
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Answered on August 11, 2015
If this is a lawsuit for personal injuries, there is a good chance that you have some form of insurance that will provide you with a defense and...
Archived
Does Appellant in a civil case need to serve Respondent with the record on appeal? What Rule of Court is applicable?
Herb's answer
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Answered on August 11, 2015
The clerk was supposed to send you a form offering to sell you the CT; that would have occurred earlier in the case. Your options now are to...
Archived
Alimony and child support
Herb's answer
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Answered on August 11, 2015
Another important consideration, in addition to those raised by my colleagues, is that an appeal alone will not "stay" or suspend your obligation...
Archived
I live in california and my sons case has been in appeal. i just recieved an update and dont understand. an remittitur was issue
Herb's answer
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Answered on August 11, 2015
In simple terms, the remittitur means that the appeal is over. Whether you son has won or lost the appeal cannot be answered from your question. ...
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