Can one Appeal a judgement after they already lost the case??

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needfreeadvise

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Hello, a friend of mine parents passed away. And Joshua wasn't able to live in the home because his brother Caleb and his girlfriend Mel was very abusive to him and their parents. There is so much with this case and what his brother did to their parents that there is no time to write it here but.. literally his brother killed the parents and got by with it. Before Joshua lost his mom she had been sick and just got out of the hospital...well Caleb knew this also for he lived there ..and that night Gloria had to be rushed to Morgan Town..(Even the nurse working there could see how abused Gloria was) ..scared to death for his life Keith told Joshua that Caleb PUNCHED HER IN THE STOMACH AS HARD AS HE COULD! where it caused he to have internal bleeding...Keith told Josh and Josh said he was going to call the law on Caleb n Mel..his dad screamed no cause when he told him he was Caleb and Mel laughed and told him (Keith) his dad that he was next and a month to a month and a half later..he was! But before Keith passed away he ran scared all the time for fear of his life and he knew it could and would be any second. Oh and Also, there was the one time amongst many of Caleb and Mels abuse to Keith that he smacked his dad and then jerked his dads Bible out of his hands and burned it right in front of Keith. Keith cried and screamed to please don't burn my Bible...PLEASE.. But Caleb grind and laughed and burned it anyway! But the law just act like it was nothing and said until something happens and .it did and Joshua's now lost his mom and dad yet nothing was done. and when they had a autopsy done for his dad what was on the statement..like busing and signs of force to the upper face.yet.nothing was checked out. The autopsy even stated there was oats like substance noted in his fathers stomach?? but they didn't even check that out even knowing there was reasonable cause that he may have been poisoned by Caleb an Mel... Myself and a few other family members spoke with their dad Keith several times before he passed..and he was in fear for his life and saying how Caleb and Mel said they was going to kill him so he was always writing wills and giving them to Joshua right in front of us with tears and so much fear in his eyes..telling him that he is to have the house and when he dies he wanted Caleb and Mel held responsible for his death he said JOSH YOU GET THE HOME..and this was in his last will testament then Caleb got a Lawyer and took him to Court to fight that will and try to say his dad was NOT IN HIS RIGHT STATE OF MIND when he wrote this..but Keith was VERY MUCH IN HIS RIGHT STATE OF MIND ..HE WAS JUST AFRAID OF CALEB AND MEL FOR THEY ALWAYS ABUSED HIM AND WOULDN'T LEAVE THE HOME AS KEITH ASKED OR TOLD THEM NUMEROUS TIMES ..BECAUSE HE WAS SICK AND TRIED OF THEM AND THE ABUSE! SCARED YES.. BUT HE WAS TOTALLY IN HIS RIGHT STATE OF MINE!
But the Court agreed and found him to be and Honored Keiths last will which was accepted through the Courts and Joshua was given the home. So Caleb got very mad and upset for he was certain he was going to win' even if he had to lie under oath to protest the will of Keith Supthin. Their dad. Now I am wondering HOW CAN CALEB APPEAL THAT HEARING AND RULING? When he was the one that took it to court fighting it in the first place? Also Caleb DID lie under oath and he didn't even get it trouble for that we testified and proved him a liar. but of course Joshua can't nor could he afford a lawyer, BUT I FEEL BECAUSE OF THE WILL AND OUR TESTIMONIES AND JOSHUA'S he did win this hearing that Caleb brought before the Judge.trying to Protest it. So Josh was advised to get a wrongful occupation for Caleb & Mel...which cost him 100.00 dollars for nothing! We was told before he got it to ask and make sure that there was no appeals and we did so and found at the time where we was TOLD TO GO ASK..there was none filled. Then after he paid this we fond out at the at that hearing that there had been a appeal made. So that was a waste of money for Joshua .So after that wasteful hearing all 3 of Us ..Confused and a bit upset as anyone would be we told them we checked both places the Magistrate told us to check first and neither had anything on file a Appeal so we got the wrongful occupation for them. Then the asked did you check with the County Clerk?? What the heck..we wasn't told to check there..an on that court day when we thought Caleb and Mel would be told when to vacant the premises we was told that a APPEAL had been filled and that dismissed the wrongful occupation notice..now on the 4th of May 2011 at 2:30pm. Again JOSHUA IS SO LOST AND CONFUSED FOR NO ONE CAN AFFORD A LAWYER..and I can't understand HOW CALEB CAN TAKE THIS BACK TO COURT HOW CAN HE APPEAL THE JUDGES RULING FOR JOSHUA ONCE IT HAS BEEN FILED IN JOSHUA FAVOR?? HOW?? And the hand writing for the will was also verified by Caleb that IT IS AN WAS HIS FATHERS HAND WRITING..Please this makes NO SENSE TO US?? For I always heard if a case has been resolved in court in front of a judge that the Judge rulings are final. And I ALWAYS heard that if you testify under oath and lie that one would get in trouble...yet ALL THIS CALEB DOES AND DID YET HE IS ALLOWED TO APPEAL THE RULING HOW I DON'T UNDERSTAND THIS? For the proof was there and as I said it was in Joshua favor..He even got a filed statement from the court that he is and was awarded the home as willed to him by his father. Now we have no ideal what is happening at this hearing in on the 4th..and once again Joshua will not be able to have a Lawyer representing him for he can't afford one :( please can you give us any legal advise of maybe what may happen at this hearing and what chances will Joshua have at this appeal since he can not afford a lawyer? And how does his brother have the right to appeal a judgement when he was the one that took it to court in the first place to try to get his dad last will thrown out..but it wasn't.. IT WAS ADMITTED AND FILED INTO RECORDS AS A LEGAL WILL OF KEITH SUPTHIN!!
IF YOU HAVE ANY INFO THAT DOESN'T COST I WOULD GREATLY APPRECIATE YOUR ADVICE AND ANY HELP YOU CAN GIVE FOR JOSHUA. THANK YOU SO VERY MUCH FOR YOUR TIME..
Sincerely,
needfreehelp
 
Your friend needs a lawyer.

Free advice will not help him.

My free advice is hire a lawyer, or he'll continue to get screwed.
 
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