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Opposing party neglected to write the order and judgment for dismissal. When does the time for appeal start to run?
Herb's answer
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Answered on May 12, 2014
Your time to appeal does not begin to tune until the court signs and enters the judgment of dismissal. There are some circumstances, however,...
Archived
Can I appeal a decision made by the judge in a minute order on my date of separation?
Herb's answer
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Answered on May 10, 2014
Normally an interim order such as this is not yet appealable, but can be reviewed on appeal from the final judgment. In family law cases, however,...
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Can I appeal a stipulation from my divorce if I thought it was unfair,things worent brought up and visitation was change
Herb's answer
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Answered on May 09, 2014
This is a matter between you and your lawyer. If you believe that you should have a second opinion you should consult with another attorney. ...
Archived
California Family Law Appeals: I got the default judgment against me set aside--but only respecting marital property/alimony.
Herb's answer
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Answered on May 08, 2014
If I read your question right, it appears that you are trying to appeal from an order granting your motion to set aside the default based on...
Archived
Order was filed without my signature and it's full of inaccuracies. I have the transcripts to prove it.
Herb's answer
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Answered on May 07, 2014
The court does not need your signature or approval to sign and enter an order. It appears that the judge and the opposing attorney followed the...
Archived
What can I do if defendnat wants me to file a settled statement that isn't accurate?
Herb's answer
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Answered on May 06, 2014
The procedures are very different for an limited jurisdiction appeal (see rule 8.837) and an unlimited jurisdiction appeal (rule 8.137). You do...
Archived
What is a writ of supersedeas used for?
Herb's answer
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Answered on May 05, 2014
Supersedeas refers to the court of appeal's power to stay proceedings in the trial court while an appeal is pending; that is a form of "injunction"...
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Archived
Do I need to disclose an important witness during a deposition when asked?
Herb's answer
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Answered on May 04, 2014
Civil litigation is not a game of surprise. The opposing party has the right to know what your evidence is and who your witnesses might be - just...
Why is there no appeal process in California Probate Courts after trial by Judge? Who made this decision?
Herb's answer
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Answered on May 03, 2014
Whoever advised you that there is no appeal process from a probate court trial is wrong. If it were true, I would be out of business (about 25% of...
Archived
I need attny with foreclosure/Appellate experience and take over UD Appeal/ Civil compliant. help w/procedure to avoid dismissal
Herb's answer
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Answered on April 30, 2014
It is not clear to me that your complaints about your attorney have merit, at least as to the existing appeal.
Appeals - even those in the...
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