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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88673
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I lost an easement case in NC, tried to appeal and was refused,

Customer Question

I lost an easement case in NC, tried to appeal and was refused, I want to know the steps I need to take to appeal in a Federal court, the plaintiff did not testify, and the easement was put on my property and my neighbor's property 'who was not party to the case', I want to appeal to Federal court on basis of VOID and I want damages, just don't know how to go about it
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please clarify if your appeal was denied by (1) the Court of Appeals or (2) NC's Supreme Court?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


both, court of appeals said I forgot to send in my notice of appeal, and would not let me amend, and supreme just refused - note the plaintiff's lawyer worked for Chief Justice and attorney general, which I did not know at the time, I thought I was not being clear, but this has to go to Federal court or else it won't be heard, also they put this easement over property of neighbor who was not party to case, and this was brought to the attention of the court and the judge said I know he was not party to the case, but if doesn't obey order I will find him in contempt.


 


so I need to know what steps to take, which court is it Federal Court of appeals or is it just Federal District,


 

Expert:  Ely replied 1 year ago.
Thank you. I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. Your previous expert has asked me to assist you.

In order to appeal the denial to the Federal Courts, you are going to have to allege the denial of your Constitutional right to due process. Failure to follow the proper civil procedure in not submitting a notice to appeal can be a fatal flaw in an appeal however, even for a pro se party, because pro se parties are held to follow the same rules of court and procedure as a licensed attorney. Thus, you are going to have to convince the federal court that you were denied your constitutional right to due process and this was a taking of your property contrary to the 4th Amendment. You would do this by filing a new complaint in the US District Court asking your case to be heard regarding due process violations in the state of NC courts on your case and you file that with the clerk at the USDC and serve a copy to the other party.



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You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is Alex.

I have reviewed the answer given by your original expert Paul and the answer is absolutely correct.

I also noticed that you proceeded to give poor rating to Paul and have opted him out.

Unfortunately, all JustAnswer.com professionals are obligated to provide customers with correct and accurate answers, even when an answer is not favorable to the customer.

If you would be kind enough to opt Paul back it, he will be more than happy to further discuss your question with you and to answer any related follow up questions that you might have.

Thanks.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your wonderful rating. As experts we do not know what more a customer needs unless they tell us. Furthermore we do not create the facts that customers come to us with nor do we write the laws and sometimes customers come to us with facts that are impossible or unrealistic expectations based on the actual laws or they fail to disclose what more they want to know, none of which is the fault of this service or the expert.

If you would like more assistance or information, please ask as we have begged of you from the beginning, but please do not blame us if laws written by your legislature are not favorable to you as that is not our fault.
Customer: replied 1 year ago.


well here is my issue, I asked & paid for detailed answer, and I guess my idea of detailed is details so that I can muddle through this, if that is impossible then the detailed should not be an option.


 


I wanted some details so that I could figure out what I can or can't do on my own and how to go about getting the information to proceed.


 


So I don't really think my assessment / rating of the service is a reflection on your knowledge or professionalism, it's a rating on my perception of what I believed I would receive for a 'detailed answer' - and perhaps there is no way in this process to provide those details to me, and for that reason I will have to keep looking -


 


as for the money - just take it, I don't believe I am going to get the details here and I am really sorry I went this route but it was my mistake not your mistake

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Please understand, while people ask for high detail we cannot provide much detail when we get minimal facts or information. We do however (if you look at my history and other expert's history with other customers) spend considerable time going back and forth with customers asking specific questions and giving them back specific answers on their specific issues until we get them all of the information they are seeking. That is how this system works best as a back and forth exchange when a customer wants more information.

It is just impossible for an expert to see the minimal details you provided above and know exactly what or how much more you want and with minimal facts it is hard to provide a long detailed answer, but that does not mean we will not continue to work back and forth with you using the reply to expert button.

If you want to do so, I am more than available to you for that purpose. If you do not and would like to do so, please consider changing your rating on my response.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88673
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 21 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


I am sorry you don't like the rating - if I did not ask for detail then there would have been a different rating, but however good your answer was there was no detail -


 


I understand that perhaps you could not give detail - then I should not be paying for details that I can not get

Expert:  Law Educator, Esq. replied 1 year ago.
Well, thank you for understanding that you did not give me any details on which to base any detailed answer on, because I do not know your case and cannot read your mind to know what your situation is. You seem to have missed that part of my reply in that I cannot give you any details when you as a customer have not supplied sufficient details and background and you just presume I know all about your case.

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