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 Jack R. Your Own Question

Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Type Your Family Law Question Here...
Jack R. is online now
A new question is answered every 9 seconds

I have a question regarding Title eight appellate rule 8.104(1)(a)

Resolved Question:

I have a question regarding Title eight appellate rule 8.104(1)(a) which states," 60 days after the superior court clerk serves the party filing the notice of appeal with a document entitled ""Notice of Entry"" of judgement or a file stamped copy of the judgement, showing the date either was served". Can you please tell me what this part means "...or a file stamped copy of the judgement, showing the date either was served". I am unclear as to what the last three words mean.."either was served".
Submitted: 3 years ago.
Category: Family Law
Expert:  Jack R. replied 3 years ago.

Generally this refers to when the document was mailed either by the clerk or the appealing party. If sent by a party there is included a form titled "proof of service" or "certificate of service" identifying the date and means the document was delivered to the opposing party. If sent by the Clerk it is served when mailed. The proof of service is signed by the attorney.

 

Rule 8.104(a) provides that the earliest of seven possible dates is the deadline for filing a notice of appeal: (1) 60 days after the superior court clerk mails the party filing the notice of appeal a document entitled "Notice of Entry" of judgment showing the date it was mailed;

(2) 60 days after the superior court clerk mails a file-stamped copy of the judgment showing the date it was mailed;

(3) 60 days after the party filing the notice of appeal serves a document entitled "Notice of Entry" of judgment accompanied by a proof of service;

(4) 60 days after the party filing the notice of appeal is served by a party with a document entitled "Notice of Entry" of judgment accompanied by a proof of service;

(5) 60 days after the party filing the notice of appeal serves a file-stamped copy of the

judgment accompanied by a proof of service;

(6) 60 days after the party filing the notice of appeal is served by a party with a file-stamped copy of the judgment accompanied by a proof of service; or\

(7) 180 days after entry of judgment.

If you found this answer informative please press the ACCEPT even if you are on a subscription plan so I may receive credit for my work.

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Jack R. and 5 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
I guess where I am confused is in my own personal scenario. I am the respondent in an appeal. After the hearing, that is being appealed, the court mailed a copy of a file stamped minute order to both partys. The minute order was a denial of the appellants motion. The appellant included the minute order that was mailed to her and the envelope that it was mailed in, in the record. (the envelope has a postage mark). A notice of entry was never filed by either party. Would the time limt of the appeal be 60 days from the time the court mailed it? The way I am understanding your answer is, since the judgment (minute order) was mailed by the clerk (with a judges signature on it), proof of service is when it was mailed...correct? I don't understand what you mean, by the proof of service is signed by the attorney. We were both pro per.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney