i asked for a dismissal of my case based on not being served properly. the judge denied my motion due to the fact that IF i had brought ORIGINAL copies of my work schedule and proof of clients at time of service(ie payments etc...) instead of COPIES he hinted that would have been proof.
is this sufficient to appeal? if so, and how should i proceed. this was last week tuesday. the plaintiff forgot to file their motion to revive at that time for judge to sign, so they are probably doing that at this time.
how soon do i need to act on this?
thank you for your consideration.
There are many things that are involved in deciding whether to appeal. However, one fact that must exist is that the case is finished in the trial court. You normally cannot file an appeal while a case is still going on in the trial court. There are some exceptions and you should speak with an attorney about that. If you lost the lawsuit in the trial court, and a judgment has entered against you, then you might have a legitimate issue for appeal because the trial court should accept exact copies as if they were the originals of most documents.
You can contact Ms Joffe at 303-757-6572, Legal disclaimer: We at the Joffe Law FIrm wish to help you. While the above answer is intended to provide general information only, does constitute legal advice, and does not create an attorney client relationship. We strongly suggest that you seek legal counsel.
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