My wife's son was defendant landlord in a small claims case that was decided against us. My wife is the one who will have to actually pay any judgment, and she acted as landlord's agent for most purposes while the tenant was renting from us. My wife's son does not want to bother with an appeal, but my wife who will actually have to pay does want to appeal. I was principally responsible for the family decision to withhold tenant's deposit. Can my wife and I file and pursue an appeal, without her son having to appear in court?
I don't know of any law that definitively answers your question, but my guess would be no. If you and your wife weren't defendants in the original small claims case, you don't have a right to appeal. Nor could you represent your wife's absent son in court. A party in a small claims appeal can be represented by an attorney, but not by a non-attorney, which I assume you and your wife are. Also, the plaintiff has a right to expect your son to be in court to be questioned as a witness.
Less you or your wife is a licensed attorney in the state to practice before the court you cannot represent another person son or otherwise
This issue is very technical, and you should consult a local appellate or civil trial attorney to discuss this issue with your particular situation.
Generally speaking, the defendant in a small claim has the right to appeal. This right is very narrow, and is governed by various state and local restrictions. However, the appeal may only be pursued by a real party in interest (simple definition is the actual person who was harmed or accused of harming another). Whether your wife meets that definition is fact-intensive, and requires a meeting with an attorney to discuss it fully.
The information provided is for informational purposes only, and does not create an attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline