A judgment was entered at a civil bench trail for specific performance in an alleged real estate sales and purchase agreement, when trial judge did not permit the property's trustee to defend the case.
What to do if the trial court has not returned answers to declarations and motions to vacate and for new trial filed w/in 10 days of judgment, then 30 days after judgment filed the appeal, and now 40 days since filing motions and no answers? I seem to need someone to help change the judgment, prosecute/defend a new trial(s), or prepare briefs and represent at the Maryland Court of Special Appeals?…please advise…
What you NEED is legal representation.
You're in over your head.
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
By rule, if you file certain motions in a timely fashion it extends the time for you to file an appeal to 30 days after that motion is withdrawn or denied. If you file a notice of appeal while those timely motions are pending, the trial court can still rule upon the motions, but you are also proceeding with the appeal. The rules can be complicated and there are many imposed upon an appellant. You should consider hiring an attorney.
It sounds as if you are doing this without a lawyer, because if you filed a motion to vacate, alter or amend judgment, or requested a new trial, within 10 days of the judgment, then the time for noting an appeal is stayed until 30 days after the court rules on those motions. If you foolishly noted an appeal anyway, you may have inadvertently divested the circuit court of jurisdiction to rule on your motions. It may not be as simple to fix as just dismissing your appeal, because now the time for appeal may be passed, depending on the status of the now-mooted motions, unless the notice of appeal is deemed a nullity because there was no final judgment as a result of the timely filed motions within 10 days of judgment. It's a procedural mess now, and you will need a lawyer to untangle this Gordian knot.
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