How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Military Law
Satisfied Customers: 99993
Experience:  Licensed attorney in private practice.
7286322
Type Your Military Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I do not know if you can and my husband does not want me to

Customer Question

I do not know if you can and my husband does not want me to pursue it, they are lying on his dd214's about length of service, what he did, 3 years ago we requested copies of both his Marine and Army DD214 they were so redacted that you could only see start and end date and discharge honorable, he is now sick and dying his doctors want him to get on disability it took me 2 years waiting 6 months in between online requests to receive these 2 DD214's and the amount of actual service time is shortened by 8 months
Submitted: 1 year ago.
Category: Military Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.

Allow me to clarify some of the definitions.

ORDER means any order given by the Court.

FINAL JUDGMENT means a final order on a case (hence the name). Sometimes it is simply called "judgment." The judgment is binding upon the Judge's verbal ruling, but the Court often waits a few days or even weeks until a written version is issued.

An appeal of an order or a judgment does not stop the judgment from being enforced. In order to "pause" the order/judgment while appealing or otherwise filing for reconsideration. one generally also needs a Motion to Stay, which asks the Court to "stay" (pause) the order/judgment. This is at the Court's discretion.

"If I appeal will I get hit with an interlockatory decision because I am still in the property?"

No - the judgment can be executed even if one appeals, unless one also files a motion to stay along with any appeal.

As for when a judgment "really is final," this depends. In Maryland, a judgment can be (timely) appealed all the way to the Court of Appeals. Only then is it "final." However, there is only a limited time to file the appeal. If not appeal is filed, whatever judgment one has does become final.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Related Military Law Questions