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ScottyMacEsq
ScottyMacEsq, Attorney
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Experience:  Licensed Texas General Practice Attorney
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how many days is allowed to file an appeal in US Dis court

Resolved Question:

how many days is allowed to file an appeal in US Dis court after a judge has rendered a decision
Submitted: 10 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 10 months ago.
I believe I have already answered your question, multiple times. Are you having trouble viewing my answers?

http://www.justanswer.com/employment-law/82pxd-days-does-plaintiff-file-appeal.html

http://www.justanswer.com/law/82py2-days-allowed-file-appeal-judgement.html

http://www.justanswer.com/law/82pyd-shows-last-question-answered-however.html
Customer: replied 10 months ago.


I do not see an answer


 

Expert:  ScottyMacEsq replied 10 months ago.
What I said was:

Thank you for using JustAnswer. I am researching your issue and will respond shortly.
5:10 AM
In the situation that there is an entry of an order or judgment on a final issue, that would be 30 days. If the case is ongoing, and you would be appealing some decision of the court (such as a determination of statute of limitations, etc...) that could be an interlocutory appeal and would require filing a notice of appeal within 10 days of that decision. But most appeals occur after the case is completed and a judgment or final order is signed, and in that instance, a "notice of appeal" would have to be filed within 30 days of that judgment or order.
5:10 AM
Here's the law: http://law.justia.com/codes/georgia/2010/title-5/chapter-6/article-2/5-6-38
5:10 AM
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!
5:24 AM
Did you have any other questions before you rate this answer?
Customer: replied 10 months ago.


Thank you....and the answer is now showing.....what if the 30th day falls on a weekend....and do I add 3 days for mailing before I start counting. the decision was made on the 23rd of sept.

Expert:  ScottyMacEsq replied 10 months ago.
Computing times for appeal: O.C.G.A. 1-3-1(d)(3): The day the judgment was entered shall not be counted, but the last day shall be counted. If the last day falls on a Saturday, Sunday or public and legal holiday, the appeal shall be considered timely filed if filed on the next business day.

As to the 3 days, only if you received notice of this judgment via mail: (e) Additional time after service by mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him, and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.
Customer: replied 10 months ago.


at that time I had an atty and he told me the decision...however, I no longer have an atty...he only was hired to respond to the SJ....my address had changed in the process and im not sure if the new address was entered into the court files....although I did ask the atty to do so...I will confirm when the office opens.


 


if the decision was entered on the 23rd of sept. what would be the 30th day


 


do I appeal the decision in the same court.

Expert:  ScottyMacEsq replied 10 months ago.
Assuming that the notice was not sent via mail, the 30 days would be up on Oct 23, 2013.
Customer: replied 10 months ago.


if I had an atty would the decision only go to him

Expert:  ScottyMacEsq replied 10 months ago.
That would depend on the clerk's procedures, but MOST of the time the notices go to the "attorney of record" (meaning the attorney that entered an appearance in the case)
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