When the COA dismisses your appeal without prejudice, can you refile it if you are beyond the 60 days period to file notice?
Herb's answer
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Answered on July 30, 2020
In 35 years of appellate practice I have never seen a state court of appeal order dismissing an appeal "without prejudice." For one thing, that...
What to do when someone makes up lies and tries to manipulate the other party during a trial with a motion to modify custody?
Herb's answer
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Answered on July 28, 2020
What you describe is, unfortunately, a common set of circumstances in chlld custody disputes. Your best bet is to retain a good family law attorney.
Does a lawyer have to return the retainer of a client that is deceased to the family?
Herb's answer
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Answered on July 24, 2020
I would add that it is not clear what was the nature of the representation. If it was a personal injury or similar claim that led to son's death....
Augmenting An Appeal Record?
Herb's answer
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Answered on July 20, 2020
The reporter's transcripts are separate from the the clerk's transcript, and you must file a designation of record that specifies the transcripts...
When will a judge order the “loser” to pay the winner’s legal expenses?
Herb's answer
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Answered on July 17, 2020
A prevailing party is entitled to costs only (filing fees, etc.) as a matter of statute. It does not matter if they asked for costs or not. ...
Archived
OAH has different date from that in the Minute Order?
Herb's answer
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Answered on July 17, 2020
It impossible for us to know. Please ask your attorney or ask the judge for clarification.
Archived
Can a person with protective order against them keep communicating through their attorney about a family case that was closed?
Herb's answer
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Answered on July 16, 2020
Please consult with a family law attorney immediately. It is very dangerous to assume that you do not need to appear and respond.
I filed a federal court appeal and would like to dismiss my case without prejudice while I await appeal
Herb's answer
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Answered on July 12, 2020
From what you describe I suspect that you have the process backwards, You cannot appeal from an order that allows leave to amend. If you do not...
Archived
Can a inmate be release to home if they have a placement hearing ?
Herb's answer
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Answered on July 11, 2020
I recommend that you present these questions to your husband's defense attorney. None of us know anything about the case and cannot predict what...
Archived
How do I find a domestic relations legal malpractice lawyer?
Herb's answer
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Answered on July 10, 2020
You are looking for a legal malpractice attorney. Experience in domestic relations malpractice, although helpful, is not a separate category.
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