Recent Feedback
HOA just won Bench Trial request for injunction to prevent us from interfering with the removal of a tree in our front yard. We never interfered anyway, it was all based on presumption we would.OBSERVATIONS The judge was scary intemperate period, throwing his pen in the air etc. We have been in court 3 years due to his inept handling, finally went Pro Se to avoid financial ruin. Would prefer to not have to do anything more with this man because he doesnt read anything we give him anyway. But still wonder if there is any recourse to pursue in his court before we appeal.The HOA is required to issue a security in the amount of 2500.00 should this injunction be found wrong at a later date (writings of the judge). Judge was given numerous expert reports over the years stating tree was healthy, an asset to property etc from TOP of line people, like former city foresters. My lawyer told me the evidence had been given to judge and it had been used in prior proceeding and was therefore as far as I was told, part of the record, it was in the docket, part of records already used to determine HOA not entitled to Summary Judgement. The crux of the matter is due to the overwhelming expense of bringing the expert in we decide to present only written reports and photographs, all showing the good health of the tree which is blatantly obvious as I write. I have tried evrything to force feed this judge the truth and he spits it out like a child. The tree looks great, he even looked at himself but it was back in the middle of winter, dormant, what good did that do anybody The HOA wanted him to see it bare I guess.At any rate if you are tryin to find logic or the missing pieces stop looking they arent here, this has never been anything but a lawsuit of Harassment for personal reasons.My legal question is simple. The court paper 6/25 is entitled INJUNCTION, says nothing about permanent , temporary, etc.Their expert who has a finacial interest in the property (and DUI's and bad rep all around) stated it was dead and dying and dangerous which is an obvious outrageous lie to anybody with vision.I already know I can file my own law suit, I already know I can appeal this ruling too. What I want to know is what action can I take to stop them from coming to remove this tree, I have just learned I have skin cancer and it is a big shade tree and it isnt unhealthy except on paper according to their expert. Also in my last motion I stated if they removed the tree I wanted to get certain cross sections saved to have examined as this will prove they are lying and that there is no such condtion as they claim, like a tree autopsy. With an injunction against me I know they will not allow me to be anywhere near the area. Once the bond is paid they can come anytime even tomorrow so I need to act quickly here. Of course whatever I bring up in my motions the judge simply ignores like he did not hear me and I am getting sick of this man and his dumb games to the point I want to file a complaint against him, everybody knows hes a jerk. he has opened the door to Foreclosure, what a devil this man is. I looked up the rules of evidence and he could have used discretion to accept any number of documents. Even in court he yelled he could accept them but he wont.
Optional Information: Country relating to Question: United States State (if USA): Nebraska Already Tried: Nothing filed yet to respond to latest ruling of 6/25, what to try is the nature of the question so to speak, the correct course of action.
If you appeal the Injunction then it isn't final and should prevent them from acting on it but you could also ask the Appellate Court to issue an emergency order staying the order of the judge that would let them cut the tree. Your argument would have to be that a tree of that age is irreplacable and monetary damages alone wouldn't be sufficient to compensate you.That would be the only recourse other than an injunction from a Federal Court but that is going to be hard to get.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
dont think you got what i meant here..................damn I am frustrated!!!
can they come anytime to remove this tree once they pay the bond? do I have any time frame to get this stay of execution, the appeals court is in another city, this is my District Court, iasked if there was anything I could do to get some time in this court, clearly if they came tonight to remove it what good would an appeal do me,
Yes. Assuming that the judge's order does not in some way limit them then they can come and remove the tree. The placing of the bond means that the judge considers that amount to be equivalent to the value of the tree in the event that they remove it and it is reversed on appeal.The methods I gave you are the only ways to prevent them from acting on this order, other than going back to the same court and requesting that the judge order them not to remove it until the appeal has been completed and the order is final.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
ok....your remarks here, this is what i need to understand, this is at the heart of the question you said the following.....
"The methods I gave you are the only ways to prevent them from acting on this order, other than going back to the same court and requesting that the judge order them not to remove it until the appeal has been completed and the order is final."Give me something in terms of a motion that i can file with this judge to delay, if nothing else it will make more of my record, what would i call it, motion to what??? consider attentional evidence, consider a higher cost for the tree since it will make us have to move etc, i can file something tomorrow myself
The simplest would be a Motion to Stay Action and/or a Motion for Clarification.In that you would argue that, like real estate/property, the tree is a unique item and the cutting of it would not be able to be compensated for by money and therefore you request that the HOA be ordered not to cut the tree until such time as the judgment becomes final.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Began practicing law in 1992
ok, thats what i wanted to know! thanks.....last question, do I have to set it for hearing or will it be self explainatory, I am guessing face time with this guy is dangerous to my well being.
You are going to have to set it for a hearing. If you don't there is a good chance the judge will just ignore it.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
thanks alot...you have been helpful, i did give you the highest rating. will most likely have more questions later.........if you have any kind of private service i would be interested in maybe a private one hour consult
amlngn at aol.com
Thanks for the rating, it is much appreciated.Unfortunately, the website prevents us from having any contact with anyone outside of the site. This is really designed to protect the customers and make sure they get complete answers rather than anyone using the site to try and get outside business.However, you can ask for me any time you have a question, just put "FOR JD 1992" as the first words and I will pick up as soon as I see it. I'm online at some point most days.