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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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I had a case before the fifth court of appeals. The court ruled

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I had a case before the fifth court of appeals. The court ruled in my favor. The appellee appealed to the supreme court, but was denied. However, the appellate court reversed its decision without notifying me. Is this correct procedure? Dosen't this violate the appellate process?

When an appellate court issues a ruling, it should send out notice to both sides. If the parties are represented, notice will be sent to the attorneys. If either side is unrepresented, then notice will be sent directly to the party. And, of course, the party (or the attorney of the party) must keep the appellate court notified of the correct address for purposes of service of any notice.

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As a note, this issue may be of little concern. If you were not filing any further appeals, then when or how you received the ruling would not matter. However, if you did intend to file further appeals, then you might need to point out the oversight in order to comply with any time limitations.

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Customer: replied 3 years ago.

I did not get notified of the reversal until after it had mandated. I would have appealed if I had known of the ruling. Does this give me grounds for appeal now?

Yes, if you were not properly served with notice of the decision, then you could use that as an appellate issue.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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