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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am looking for PaulMJD, if he is on. My question is- I have

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I am looking for PaulMJD, if he is on. My question is- I have sued a neighbor over blocking my easement property which was a turnaround for my vehicles. I live at the end of a dead end street. A supreme court judge ruled in my favor and order the removal of all obstructions, including their gravel driveway. Now they have 30 days to appeal. I thought you could only appeal a supreme court order if there was a wrong doing not just because you lost. I wanted to know, do you need permission to appeal and how long might this drag on before we get the answer. the supreme court judge said our easement is a legally recorded instrument that cannot be disputed since they took the property in 2007 subject to our right of way.
thank you,
Dee
Thank you for your question and for coming back asking for me.

A person may appeal any final judgment and to appeal they have to raise either reversable error or abuse of discretion. People make up all sorts of alleged errors to appeal and in the appeal if you prove the appeal is frivolous then you can seek attorney's fees for the cost of the appeal and you need to request if they appeal that the Supreme Court order an appeal bond to cover any attorney's fees for the frivolous appeal.




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Customer: replied 3 years ago.


Can you tell me how long this usually takes? Does the appellate system give notice of whether they will allow the appeal quickly or will this hold up my judgement until the appeal is settled? I guess they only have to June 3. But I was hoping the obstructions would have to be removed by then.

Thank you for your response.

Generally, if they appeal, you have 30 days to answer the appeal so that is 60 days from date of judgment. Then depending on how busy the appeals division is when they get the appeal, it could take 3-12 more months and any damages you suffer during that time you can file a motion in the appeals court to award you if their appeal is found to be frivolous.

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