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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32913
Experience:  Began practicing Family Law in 1992
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If the inquest hearing default judgment order gets adjourned

Customer Question

If the inquest hearing for a default judgment order gets adjourned but the court's record online states that the inquest hearing was held with decision reserved and the case disposed, what can be done to correct this situation? Will an appeal have to be filed and if so, how can one know the exact decision to file an appeal on? Also when does the clock begin to run to file an appeal - does the clock start running the moment the online case status states that the case is disposed and decision reserved or does one have to try to get the contents of decision first before filing an appeal and how does one get the contents of the decision
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. what can be done to correct this situation? A Motion to Vacate the Default Judgment can be filed and a hearing requested on that motion. If granted, the judgment would be vacated which means it is just as if it had never existed. Will an appeal have to be filed and if so, how can one know the exact decision to file an appeal on? Another option is to file an appeal but that option is not as good if a hearing as not held because there won't be a lot on which to base a reversal of the case by the Court of Appeals. To know "the exact decision" you would have to take a look at the order which was signed after the inquest hearing since that would be the order being appealed. Also when does the clock begin to run to file an appeal - does the clock start running the moment the online case status states that the case is disposed and decision reserved or does one have to try to get the contents of decision first before filing an appeal and how does one get the contents of the decision The clock begins running when the order is signed. The best way to get the contents is to go to the clerk's office and have them pull the file and then to [physically look at the contents of the file and the order.

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