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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37969
Experience:  Retired (mostly)
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What are my appeal rights regarding a judge that is attempting

Customer Question

What are my appeal rights regarding a judge that is attempting to enforce a settlement agreement which has some rather vague terms . Is the appeal dealt with by someone other than the residing Judge?
Submitted: 8 months ago.
Category: Legal
Customer: replied 8 months ago.
The settlement was placed on the record before the judge. There is no written settlement agreement as of yet
Expert:  socrateaser replied 8 months ago.
Hello, Your options are to ask the court to vacate the settlement, on grounds that it doesn't represent your actual agreement. And, if that fails, then you would have to appeal the court's approval of te settlement to the Superior Court Appellate Division. Those are the only options. The Appellate division is a three-person judicial panel that considers whether the trial court judge has made an error of law or procedure in approving the settlement. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Customer: replied 8 months ago.
One last question ... How long does it generally take once and appeal is filed for the appellate court to hear and rule on the appeal ?
Expert:  socrateaser replied 8 months ago.
It takes about six months, unless the issue relates to child custody, or some other extremely time sensitive matter. You can ask the appellate division to advance the matter on the calendar, if you can show good cause as to the necessity of an expedited decision. You can also force the trial court to stay further proceedings on the issues concerning the settlement agreement, during the appeals process, if you provide a "supersedeas bond" to the court, so as to cover the potential cost of your loss to the other party. Hope this helps clarify my original answer. If you have further questions, please open a new Q&A session so that I may receive appropriate compensation for my additional efforts in your behalf. Thanks again for using Justanswer!

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