How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111601
Experience:  Attorney experienced in commercial litigation.
10285032
Type Your Consumer Protection Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I have a law question about filings in family court when an

Customer Question

I have a law question about filings in family court when an appeal is being heard in the circuit court. (I reside in WV) This also ties into that I am getting ready to file a stay pending an appeal, as well as a Writ of mandemus.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your question for us?

Customer: replied 1 year ago.
I have been told numerous times that one cannot file in the family court if an appeal is being heard in the higher court. (In this case the circuit court). This is taking g place in west Virginia. I Need. To locate that law and search as I have, can't seem to find it.
Customer: replied 1 year ago.
It would be easier to speak than type.....to make sure I am being clear. Advise if that is acceptable. Thanks.
Expert:  Law Educator, Esq. replied 1 year ago.
Once the case is filed in the appeals court, the lower court loses jurisdiction over the case, but the lower court could issue a stay if they choose and if they deny it, then you can ask the appeals court for the stay.
Customer: replied 1 year ago.
That is not what I was asking. I am aware of stays, and writs of mandemas etc.....but thank you anyway. Was hopeing this would work to find the question to my answer.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Perhaps then you can clarify what you were asking, since evidently there may be some communication issue. So if I did not answer what you were asking, perhaps clarifying it may help me help you.