If the evidence presented in a motion was stricken in trial court, will this stricken motion be allowed for review on appeal?
Kevin's answer
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Answered on September 28, 2018
Your evidence submitted in reply is still part of the record that you can have sent to the court of appeals. However, because it was stricken, the...
Archived
New arguments on "new doctrine" in appellate court?
Kevin's answer
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Answered on September 27, 2018
Generally you cannot raise new arguments based on a legal doctrine that you did not first present to the trial court. If you did not raise the...
Archived
I received a letter threatening to sue me. What do I do?
Kevin's answer
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Answered on September 20, 2018
Do not ignore the complaint. If it is real, ignoring it will get you in more trouble. Some things about the story sound strange, but you need to...
Archived
Is a small claims court ruling final?
Kevin's answer
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Answered on September 20, 2018
A tenant in common owns the entire property and has all the rights of a full owner, only with a responsibility to share the costs and profits of...
Archived
How do i appeal a writ of restition ?
Kevin's answer
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Answered on September 20, 2018
You can appeal an order for writ of restitution the same way you appeal any other judgment: by filing a notice of appeal within 30 days.
But...
Litigation. Multi-defendant case. Court dismisses one D, while the other D's move on to discovery. Is appeal possible? Rule 59?
Kevin's answer
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Answered on September 19, 2018
At this point, the plaintiff does not have an absolute right to appeal the dismissal. The plaintiff can seek discretionary review by the court of...
Archived
Did the appellant court clerk mistakenly deny motion to consolidate two closely related appeals?
Kevin's answer
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Answered on September 19, 2018
I'm not sure why they would deny consolidation in this situation. There are different considerations on appeal of a motion to vacate, but I'm sure...
Archived
Can a spouse use dui conviction as a bargaining chip in divorce ?
Kevin's answer
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Answered on September 17, 2018
If there are minor children involved, a DUI conviction could be used as evidence of a substance abuse problem. If an ongoing substance abuse...
Archived
How long time of "extension" is appropriate to ask for an appeal?
Kevin's answer
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Answered on September 11, 2018
Instead of an extension, you might ask for a stay of the appeal pending the trial court's decision on the motion to vacate. Then ask for the brief...
Archived
How can i get the title of a car I sold to the other persons name?
Kevin's answer
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Answered on September 07, 2018
You need to report the sale to the Department of Licensing. Properly reporting the sale ends your responsibility for the car. The new owner will be...
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