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Ray, Lawyer
Category: Legal
Satisfied Customers: 40671
Experience:  30 years in civil, probate, real estate, elder law
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My motion was dismissed by the Circuit Court because of lack

Resolved Question:

My motion was dismissed by the Circuit Court because of lack of jurisdiction pending my appeal of a similar matter to Court of Appeals. I might have misunderstood an advice given to me (be a different source) where I was told that I may file a motion to enforce order, containing similar request as the dismissed motion, even while the order was being appealed. I assumed that such motion to enforce could be filed with the trial court and I filed. Now the GAL is asking for withdrawal threatening sanctions. It looks like the misunderstood advice was saying that I indeed may file for enforcement but still with the Court to which I appealed with significance being faster result then waiting for the appeal to be over. Is this correct? Is there such thing as motion to Court of Appeals. Do they have regular motions days? Separately, how do I withdraw my motion? Does it vary among states? Do I just show up and ask to remove it or do I write a plain request or is there a form. Any deadlines?
Submitted: 7 years ago.
Category: Legal
Expert:  Ray replied 7 years ago.
Thanks for your question.You can file with court of appeals.They decide whether to grant or decide appeal first.You can withdraw your motion here without prejudice by written request to the trial court.
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