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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
What do you mean you "filed a discrimination appeal"? Can you provide a few facts to put this into context?
It looks like the CHAT function may be acting up. I am going to exit and see if that clears up the problem. I will still be online and on the website and if you post a response I should get back to you in just a few minutes.
I was just starting a child custody case. my childs mother filed a stalking order, to try and keep the kids from me. I went to court, and proved that not only was I not stalking her and my children, but also that the order was a tactic for her to keep the kids. the judge then complimented me on how well I pleaded my case, but then grant her the stalking ordered anyway for reasons that had absolutely nothing to do with stalking. I then filed a appeal against that order, stating that the judge abused her authority on the grounds that I was black, and my childrens mother is white. I paid $2500 to a attorney, to write the appeal, that was over 2yrs ago. I was just appealing the decision, but my attorney examined the case and found that her decision had no legal basis, and was solely based on discrimination, and filed the appeal as such. I didn't know until the appeal had been processed, that was his professional opinion. but every time I ask whats going on with my appeal, all he says is, " the courts don't have to answer my appeal". what was the point of paying $2500? what use is a appeal if the courts are not held responsible for their decisions, or actions? get where im going with this? that's what I mean by a discrimination appeal.
Hi. Let me read through your facts.
Okay, I understand now.
There is no time limit on the Appeals Court ruling on the appeal. I have had them tied up for years before.
Have you read your attorney's brief?
I have only read the original appeal. what would his brief include? is there anyway to speed up the process? is there anything I can do to light a fire under someone ass? make this come to light sort of speak. any suggestions?
No, there is no way realistic way to speed up the process.You could file for a Writ of Mandamus against the Appeals Court with the higher court but that is unlikely to work and will just make them mad (likely).
The original appeal is probably the same as his brief.
You might consider going a back door route and seeing if you can get some reporter interested in the case.
Maybe even the ACLU.
However, there is no method that is "likely" to work other than just waiting.
Two years is a long time though.
I had one that was almost 4 years before the Court of Appeals ruled and then they ruled on an issue neither I nor the other side raised.
do they Have to answer my appeal? yes or no?
They have to rule on the appeal at some point. The other side of the case doesn't have to file a response to your appeal.
If they don't rule on the appeal then you can file for a Mandamus at some point.
Did you have additional questions?
at this point, im willing to pour gasoline on a fire that's already burning. get media involved, get ACLU involved, writ of mandamus. anything else you can think of? my daddy always said, " a closed mouth don't get fed". eventually, maybe I will get to the point where I can file a civil suit. anymore ideas? and thank you for your info, and time.
Those are the only things that I can think of. The Mandamus is the only "official" thing you can do but the others could work.
I sure hate to see someone mistreated like this by the legal system, it makes us all look bad.
thank you again for your time!
You're very welcome. I'll go ahead and exit and assist others but if you remember, come back to this thread and let me know what happens.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
worth the $27!