Archived
If a document is referred to, quoted and otherwise cited by the opposition in the lower court, can it be included on appeal?
Herb's answer
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Answered on April 08, 2014
I do not really understand your question. If the documents were cited and argued by the opposing party, then they were offered and perhaps entered...
Archived
If my case got dismissed as to both defendants do I file a separate notice of appeal for each defendant?
Herb's answer
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Answered on April 08, 2014
Assuming that both defendants were dismissed in the same order or judgment, you need only file one notice of appeal, and one set of briefs...
Archived
Civil Vs Criminal
Herb's answer
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Answered on April 06, 2014
Generally speaking, civil liability and criminal liability are separate concepts with different purposes and the proceedings are independent of...
Archived
Is it common for victim to walk away with less than everyone in a settlement.
Herb's answer
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Answered on April 06, 2014
One factor that should be made clear is that the defendant's liability is not capped by his or her insurance policy; if they have persona assets...
Archived
If summary judgment is entered in favor of the other side, do I still owe them costs even if I take it to appeal?
Herb's answer
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Answered on April 03, 2014
Although the prevailing party is entitled to seek and obtain an order for their costs notwithstanding an appeal, under most circumstances the cost...
Archived
My appeal lawyer lied to me.......Said I had a good case, yadda, yadda, yadda. Frankly I think he was just flirting with me all
Herb's answer
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Answered on April 03, 2014
I agree with Ms. Finch that your situation does not add up Your time to file a notice of appeal runs from the day your were sentenced (30 days for...
Archived
Do we have solid grounds for appealing a child support order
Herb's answer
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Answered on April 02, 2014
I am not sure that I agree that these circumstances do not meet the standards for deviation. Your husband needs, however, to consult with a family...
Can the Appeal Court reverse a sentence of a restraining order? Or dismiss it?
Herb's answer
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Answered on April 02, 2014
As my colleagues suggest, the term "technical error" has no legal definition and is not grounds towin an appeal. I suggest that you arrticulate in...
Archived
Without a statement of ruling, is it inferred on appeal the trial court was correct?
Herb's answer
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Answered on April 02, 2014
A statement of decision is waived if not requested, but is highly preferred. If it was waived - or if the trial court's statement on the record or...
Can I waive my right to appeal in a divorce stipulation?
Herb's answer
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Answered on April 01, 2014
I agree with Ms. Waxman, with the additional caveat that not only do you not have the right to appeal a stipulated judgment, it appears to be way...
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