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won civil case

Discussion in 'Other Legal Issues' started by ginny_west, Jul 28, 2010.

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  1. ginny_west

    ginny_west Law Topic Starter New Member

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    With a lot of your advice we won the civil jury case and the jury awarded $9,300.00 of the $10,000.00 we were suing for. The defendant has appealed as an indigent, although he owns his property and vehicles and many other things outright. He has the ability to secure the $18,600.00 bond but has been allowed the indigency plea. How am I to refute this action?
    Thanks,
    Ginny
     
  2. fredrikklaw

    fredrikklaw Moderator

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    You must file responsive brief!

    It is not that the defendant has been “allowed” to appeal the judgment as an indigent, but that the case is one from which an appeal can be taken and he has based it on being indigent, which is not going to go anywhere.

    The standards for appellate review are pretty well defined by the state’s code of civil procedure and the review is restricted to a handful of affirmative points such as lower court judge’s abuse of discretion, procedural defects, harmful errors, etc., but it does not include a review based on indigency. But in any case, as the appellee, you may file a Brief in Opposition which you absolutely must do. And you must make sure that your brief follows the structural requisites set out by the court, from the number of pages allowed to the color of the brief’s cover.

    Even if requested by the parties, the court may well decide the case without oral arguments which I think what would happen here. But the parties may be ordered to appear for oral arguments if the court feels it would help decision making.

    Also, pay close attention to the timelines governing the appeal process as they are much stricter and more convoluted than at trial court level.

    fredrikklaw
     
    Last edited: Jul 29, 2010
  3. ginny_west

    ginny_west Law Topic Starter New Member

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    Thanks for the advice. The defendant as of last Tuesday, filed a "perfected" appeal, this date is one day past his 10 day of allotment to file appeal. This fellow is driving me crazy. It appears I have another dilemma.
    Ginny
     
  4. mightymoose

    mightymoose Moderator

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    If he filed it late then that will be your first argument if you should end up back in court.
    Surely you know that only court days are counted... no weekends, holidays, or other days that the court is not open.
     
  5. ginny_west

    ginny_west Law Topic Starter New Member

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    Yes I didnt count weekend. Talked to court clerk said it was filed timely. With a little research on my part I hope to find that he indeed had to post the bond required. Also with some checking our RV is the only taxable item at our old address. The house we lived in is not listed, nor are 2 other rental homes. This is getting really wild on this end. If he posted bond, our attorney will take it on contingency, if I had the money for a retainer all of this would have come to be. Justice is hard to acheive isnt it?
    Ginny
     
  6. ginny_west

    ginny_west Law Topic Starter New Member

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    Court date is set for Aug. 16 and our attorney is tied up and doesnt seem to have the time to take the case. Now is my next dillema, how do I get a new attorney with this little time to prepare for court. I have all of the information, and did win with a unanamous award of the $9,300.00, he really doesnt have a leg to stand on. It is the legalaties that are my concern. Any advice would be greatly appreciated.
    Thanks,
    Ginny
     
  7. army judge

    army judge Super Moderator

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    Ask your attorney to recommend one, or hire one on your own. The attorney will address the rest.



    Sent from my iPhone using Tapatalk
     

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