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The magistrates "Return" to the Appeals Court stated the the tape failed to record the transcript during the magistrate hearing, therfore one is not availible. It further gave a paragraph of what the magistrate "rembered" as the testimony. Is this grounds for me to ask the appeals court to rule in my favor, or ask the case be remanded back to the lower court, for a new hearing?
Please fully explain #1 - documents, even those containg heresay, etc.
Is the following a "mistakes of law or reversible error":
Contractor did not meet signed deadline for completion of work. Proper evidence presented to support this. Further, the contractor was aware that I had received USDA funding. Retention of that funding was only possible if the contracted work was completed by the deadline date.
Concerning "evidence excluded" - the magistrate did not review the document from the USDA stating funding would either not be dispersed, or I would need to repay and funds dispersed, if the FDA deemed eligibility requirements and deadlines were not met.
One of my previous questions seems to have been overlooked, or I failed to see:
Concerning "evidence excluded" - the magistrate did not review the document from the USDA stating funding would either not be dispersed, or I would need to repay any funds dispersed, if the USDA deemed eligibility requirements and deadlines were not met.
When the USDA reviewed my eligibility requirements, they deemed I had not followed the guidelines - the contract was not completed by the agreed upon date. The USDA then notified me I must repay all funds dispersed by the USDA.
Concerning "heresay" - a witness I needed to confirm that the contractor did not complete the work by the deadline ( a former employee of the contractor,that completed the work 32 days after the deadline) was not availible for magistrate court. He was a guest of the Cherokee County Detention Center, for non-payment of child support. Can I present a statement from him to the appeals court?
Are the following request "logical", in terms of what an appellate judge might consider? If so, which ones would potentially produce the best outcome for me?
1) Ask that the appeals court remand the case back to the lower court since no transcript is availiable from the lower court.
2) Ask that the appeals court overturn the lower court ruling since it made an error concerning the deadline of my contract not being met.
3) Ask the appeals court to overturn the lower court ruling since the lower court failed to consider the evidence produced from the USDA, concerning eligibility guidlelines (contract deadline being met), and payment for services rendered.
How should I format my statements and documents at the appeal hearing to acheive maximum results?
Thank you for the spelling correction. I must go down this path of "the man who has himself for an attorney, is a fool", so any tutoring I receive is very appreciated. Also, the information you provided on how to format my appeal argument is exceptional.
How do I address the fact that the "statement" (since no transcript was recorded) made by the Magistrate Court in its "Return" to the Appeals Court, is not accurate?
To insure I am utilizing your expertise correctly, please review the following synopsis and let me know if it is viable as a legitimate course of action.
I am asking that the appeals court remand the case back to the lower court based on the following:
1) No transcript is available from the lower court.
2) The magistrate made an error in not reviewing and considering the USDA Documentation presented.
3) The magistrate did not properly consider the "Contractual Deadline Agreement".
Is it possible for this dialog to stay open until I complete my appeal statement? I would like to have you review it, for accuracy. I should be able to respond back with it by 8 pm tonight. If so, would you be able to respond back tonight?
Thank you for the clarification on the use "Just Answer". I will follow the guidelines.
However, could you please address the last 2 questions I asked in my last post, before we close? I have pasted them below, for your review.
3) The magistrate did not properly consider the "Contractual
Sorry for not being clear.
How do I address the fact that the written statement made by the magistrate to the appeals court is not correct? His statement was what he remembered, since the tape was blank.
I want to verify your reply of "Yes" means my synopsis (the 3 points listed), is accurate?
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