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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am in the process of appealing my personal injury case, the

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I am in the process of appealing my personal injury case, the docketing statement asks for the supreme court rule, or other law, which confers jurisdiction upon the reviewing court, can you tell me which, My answer is Error in Ruling can you give me more info. on this?
Quite simply I told her I did not need a sign to use the sensor on the sensorized water faucet, because as store employees stated it is common knowledge to put hands in front of red sensor and water come out. However since the faucet was broke, and customers complained, and only the employees knew how to get the water out, then yes this faucet would have needed a sign-this was stated in my complaint. She just heard and ruled on I did not need a sign, she got it mixed up.

Zachary D. Norris :

Hi,

Zachary D. Norris :

Are you there?

Customer:

yes

Zachary D. Norris :

I'm a bit confused on the underlying facts of the case

Zachary D. Norris :

Were you sued?

Zachary D. Norris :

Also, please tell me in what court you were sued.

Zachary D. Norris :

If you were sued that is

Customer:

Well, no I am suing a company because their sensorized water faucet did not work, i washed my face to reapply makeup, the water came out fine at first , when I went to rinse the sensorized water faucet would not emitt water again, an employee came in she refused to help, my eyes ended up getting burned and went to ER

Customer:

6th district Markham court

Zachary D. Norris :

OK. And you filed the suit in what court?

Customer:

yes

Zachary D. Norris :

And did you go to trial?

Customer:

no

Customer:

result of summary judgement

Zachary D. Norris :

What is the current disposition of your case?

Zachary D. Norris :

So the court granted a summary judgment motion against you?

Customer:

yes

Zachary D. Norris :

OK. And do you know whether the summary judgment disposed of each and every one of your claims?

Zachary D. Norris :

In other words, did the judge allow any of your claims to proceed to trial?

Customer:

no she didn't, and it did not dispose of each and every one of my claims

Zachary D. Norris :

OK. I think I'm confusing you. Did the judge grant a summary motion on all of your claims and dismiss the case, or are there any claims that are still going to heard at a trial?

Customer:

She granted a summary motion on all claims and dismissed the case

Zachary D. Norris :

Ok. And is this the form you are filling out for your appeal? http://12.218.239.52/Forms/pdf_files/CCG0256.pdf

Customer:

no, I filled this out already , I am working on the docketing statement form

Zachary D. Norris :

OK. Now that I know where you are, you are being asked what supreme court rule, or other law, confers jurisdiction on the appellate court correct?

Customer:

yes

Zachary D. Norris :

OK. Please hold while I research this question for you. It may take around 5-10 minutes, but I will get back to you as soon as I find the correct answer.

Customer:

thank you

Zachary D. Norris :

The Supreme Court Rules under which you are appealing are Rules 301 and 303.

Customer:

and what do they state

Zachary D. Norris :

Rule 301. Method of Review


Every final judgment of a circuit court in a civil case is appealable as of right. The appeal is initiated by filing a notice of appeal. No other step is jurisdictional. An appeal is a continuation of the proceeding.

Zachary D. Norris :

Rule 303. Appeals from Final Judgments of the Circuit Court in Civil Cases


(a) Time; Filing; Transmission of Copy.


(1) The notice of appeal must be filed with the clerk of the circuit court within 30 days after the entry of the final judgment appealed from, or, if a timely posttrial motion directed against the judgment is filed, whether in a jury or a
nonjury case, within 30 days after the entry of the order disposing of the last pending postjudgment motion directed against that judgment or order, irrespective of whether the circuit court had entered a series of final orders that
were modified pursuant to postjudgment motions. A judgment or order is not final and appealable while a Rule 137 claim remains pending unless the court enters a finding pursuant to Rule 304(a). A notice of appeal filed after the court
announces a decision, but before the entry of the judgment or order, is treated as filed on the date of and after the entry of the judgment or order.


(2) When a timely postjudgment motion has been filed by any party, whether in a jury case or a nonjury case, a notice of appeal filed before the entry of the order disposing of the last pending postjudgment motion, or before the final disposition of any separate claim, becomes effective when the order disposing of said motion or claim is entered. A party intending to challenge an order disposing of any postjudgment motion or separate claim, or a judgment amended upon such motion, must file a notice of appeal, or an amended notice of appeal within 30 days of the entry of said order or amended judgment, but where a postjudgment motion is denied, an appeal from the judgment is deemed to include an appeal from the denial of the postjudgment motion. No request for reconsideration of a ruling on a postjudgment motion will toll the running of the time within which a notice of appeal must be filed under this rule.


(3) If a timely notice of appeal is filed and served by a party, any other party, within 10 days after service upon him or her, or within 30 days from the entry of the judgment or order being appealed, or within 30 days of the entry of the order disposing of the last pending postjudgment motion, whichever is later, may join in the appeal, appeal separately, or cross-appeal by filing a notice of appeal, indicating which type of appeal is being taken.


(4) Within five days after the filing of a notice of appeal, or an amendment of a notice of appeal filed in the circuit court pursuant to subparagraph (b)(4 5) of this rule, the clerk of the circuit court shall transmit to the clerk of the court to which the appeal is being taken a copy of the notice of appeal or of the amendment.


(b) Form and Contents of Notice of Appeal.


(1) The notice of appeal shall be captioned as follows:


(i) At the top shall appear the statement “Appeal to the _________ Court,” naming the court to which the appeal is taken, and below this shall be the statement “From the Circuit Court of ____________________________,” naming the court from which the appeal is taken.


(ii) It shall bear the title of the case, naming and designating the parties in the same manner as in the circuit court and adding the further designation “appellant” or “appellee,” e.g., “Plaintiff-Appellee.”


(iii) It shall be designated “Notice of Appeal,” “Joining Prior Appeal,” “Separate Appeal,” or “Cross-Appeal,” as appropriate.


(2) It shall specify the judgment or part thereof or other orders appealed from and the relief sought from the reviewing court.


(3) A notice of appeal filed pursuant to Rule 302(a)(1) from a judgment of a circuit court holding unconstitutional a statute of the United States or of this state shall have appended thereto a copy of the court’s findings made in compliance with Rule 18.


(4) It shall contain the signature and address of each appellant or appellant’s attorney.


(5) The notice of appeal may be amended without leave of court within the original 30-day period to file the notice as set forth in paragraph (a) above. Thereafter it may be amended only on motion, in the reviewing court, pursuant to paragraph (d) of this rule. Amendments relate back to the time of the filing of the notice of appeal.


(c) Service of Notice of Appeal. The party filing the notice of appeal or an amendment as of right, shall, within 7 days, file a notice of filing with the reviewing court and serve a copy of the notice of appeal upon every other party and upon any other person or officer entitled by law to notice. Proof of service, as provided by Rule 12, shall be filed with the notice.


(d) Extension of Time in Certain Circumstances. On motion supported by a showing of reasonable excuse for failure to file a notice of appeal on time, accompanied by the proposed notice of appeal and the filing fee, filed in the reviewing court within 30 days after expiration of the time for filing a notice of appeal, the reviewing court may grant leave to appeal and order the clerk to transmit the notice of appeal to the trial court for filing. If the reviewing court allows leave to file a late notice of appeal, any other party may, within 10 days of the order allowing the filing of the late notice, join in the appeal separately or cross-appeal as set forth in Rule 303(a)(3).


(e) Docketing. Upon receipt of the copy of the notice of appeal transmitted to the reviewing court pursuant to paragraph (a) of this rule, or receipt of a motion for leave to appeal under paragraph (d) of this rule, the clerk of the reviewing court shall enter the appeal upon the docket.


 

Customer:

So Error in Ruling apply? and also she did not address all issues of complaint

Zachary D. Norris :

This is the site that has all of the court rules that you may want to review while preparing your appeal.

Zachary D. Norris :

As far as the grounds for your appeal, I would venture to say that you are going to argue that the Court ruled against the great weight of the evidence.

Zachary D. Norris :

and made evidentiary findings that were contradicted by established evidence.

Customer:

sounds good

Zachary D. Norris :

And then you need to look at the legal reasoning the Court cited in its opinion (or agreed to in the Defense's motion) and do legal research and see why that precedent was wrongly interpreted.

Zachary D. Norris :

I wish you good luck with your appeal.

Customer:

ok i understand , thank you so much

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