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lwpat
lwpat, Attorney
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Under what rule is the trial court required to give notice

Resolved Question:

Under what rule is the trial court required to give notice to the parties after a case has been remanded by the appellate court back to the trial court ?
Submitted: 1 year ago.
Category: Legal
Expert:  lwpat replied 1 year ago.
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.

If I understand it correctly the case was remanded back to the trial court, the opposing party filed a Motion for Summary Judgment without also serving you and the motion was granted without a hearing on the motion or an opportunity for you to file a return in opposition to the MSJ? Is all of that correct? How long ago was the order granting the motion?
Customer: replied 1 year ago.

Been in excess of a year processing the sheriff sale which our county is behind in sales.

Customer: replied 1 year ago.

Actually the judge provided notice to the plaintiff telling them the case was appropriate for MSJ the SAME day the case was remanded to the trial court. When I asked the court for time to resopnd to the MSJ the judge denied and granted the msj.

Expert:  lwpat replied 1 year ago.
Since the order is over a year old your time to appeal or file for a new trial has expired and unfortunately you now have no further legal recourse. Sorry but a lot of people are in your same position and the banks are winning.
Customer: replied 1 year ago.

Actually I have a pending appeal while all of this is going on

Expert:  lwpat replied 1 year ago.
See
http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

Here is the Rule for service of motions

RULE 5. Service and Filing of Pleadings and Other Papers Subsequent to the
Original Complaint
(A) Service: When Required. Except as otherwise provided in these rules, every
order required by its terms to be served, every pleading subsequent to the original complaint
unless the court otherwise orders because of numerous defendants, every paper relating to
discovery required to be served upon a party unless the court otherwise orders, every written
motion other than one which may be heard ex parte, and every written notice, appearance,
demand, offer of judgment, and similar paper shall be served upon each of the parties. Service is
not required on parties in default for failure to appear except that pleadings asserting new or
additional claims for relief or for additional damages against them shall be served upon them in
the manner provided for service of summons in Civ. R. 4 through Civ. R. 4.6.

IF you were not served with the motion that would be grounds for an appeal of the order if you objected and preserved that objection.
lwpat, Attorney
Category: Legal
Satisfied Customers: 25384
Experience: Actively practicing trial attorney
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