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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88186
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I had a landlord-tenant disputes I won initial case. The opposing

Customer Question

I had a landlord-tenant disputes I won initial case. The opposing attorney appealed the courts decision and I did not receive the new court date. I missed the court date therefore the judge ruled favor of the opposing party. I appealed the Decision because I did not receive the court date my appeal was denied because I didn't send that the opposing attorney certified letter I sent US mail. Can I Resubmit the appeal and certify it or do I have no more options?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) What state is this in, and
2) When was your appeal denied - what date was the written order denying the appeal signed, please (or it has not been, yet)?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Maryland and the Judge signed June 11 2013
Expert:  Ely replied 1 year ago.
Roberta,

Thank you for your reply. In such a case, someone in your situation may wish to file a Motion for Reconsideration within 30 days of the written denial. This will ask the Court to reconsider the decision based on the facts at hand. This motion must be filed within 30 days of the original denial, meaning July 11, 2013 at the latest. Hopefully, the Court will then reconsider its decision based on mitigating factors and will reinstate the case to be heard.

You can find such a sample motion online by a simple search engine, or, on sites like uslegalforms.com or usalegalresource.com.

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.
What facts should I include for reconsideration of the appeal. What is the actual form I would need to use to file for a reconsideration of the appeal.
Expert:  Ely replied 1 year ago.
Roberta,

There is no "actual form" for the motion. A form is simply an established format for a motion or a pleading that is very common, such as a Motion for Continuance. Because a motion for reconsideration is not that common - and tends to be more involved than a simple motion for continuance, for example - no specific "form" exists for it. It has to be drafted from scratch, I am afraid.

The facts that should be included in the motion essentially would be:

1) the facts of what has happened before;
2) why you feel that the Court should reconsider the case; and
3) the request to do so.

You may also use an attorney to simply draft the motion for you at a very low fee, but not to represent you.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

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