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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3023
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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What is an original action? I am appealing my case in the

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What is an original action?
I am appealing my case in the Ks. Supreme Court of Appeals.
I believe I chose the subtype as Mandamus

The original action would simply refer to the type of case that was started in the first court where the litigation began.

Customer: replied 4 years ago.
According to Ks. Supreme Court Rule 9.01 - Petitions for Mandamus and quo warranto are filed in the Supreme Court. I filed my appeal of a civil case in the Ks. Court of Appeals. Is this a problem?
Can you tell me what you case was about and what court it was originally started in?

Customer: replied 4 years ago.

It was started in Ks. Judicial District No. 4.

I had first judge recused for bias, prejudice discrimination against me. - KSA 20-311D.

We only get to do that once in Ks.

I had a second judge recuse himself pursuant to KS Supreme Court Rule 8.01. The second judge wouldn't let me order transcripts.

My case is this:

Divorce/Child Custody.

When my child's wishes were contrary to G.A.L. report my child was REQUIRED to have an attorney represent her. KSA38-1505. First judge failed to ensure this happened.

I was not allowed to order transcripts by second judge in violation of Ks. Open Records Act KSA 45-215.

Judges acting outside of the law are acting in their own personal interests and outside of their jurisdiction - their rulings aren't voidable - they are simply void.

Anyone attempting to enforce those orders is engaging in lawless violence.

I put in a motion to set aside or vacate previous orders of the first two judges with the THIRD JUDGE.

That was denied.

I am appealing.

And you are appealing to the Court of Appeals correct? Not the Supreme Court of Kansas?

Customer: replied 4 years ago.

I appealed to the Ks. Court of Appeals and NOT Supreme Court.

In my brief for Docketing I stated the Civil Classification as Mandamus.

As I check the website they have it classified as "Civil" and sub type as "Child Visitation".

Ok, I see. Your case is not a Mandamus action. It should have been docketed in the Court of Appeals as a civil case, and it appears that the clerk of the Court of Appeals corrected how you docketed the case. It will not cause any problems in the hearing your appeal. How you docketed the case is really just a technical error which they corrected, and they will review the case on the merits.

Customer: replied 4 years ago.

Obviously, I am pro se.

Opposing Counsel has put in a motion to withdraw in both District Court and Court of Appeals.

If my case is not summarily dismissed, I file my brief.

If there is no opposition to my brief, (It will be me vs. her) what can I do?

File a Motion for Summary Judgement - that I have previous orders of the court vacated?

Proceed with filing your brief. Then if the Court of Appeals allows opposing counsel to withdraw from the case, it will probably allow your ex-wife some time to either find new appellate counsel or submit her own brief. And then the Court of Appeals will review the lower court's decisions. You don't make motions for summary judgment at the appeals court level. They will simply review the lower court.

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