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Law Pro
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Category: Real Estate Law
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Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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Who can override a judges decision after you appealed and

Resolved Question:

Who can override a judge's decision after you appealed and lost.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Pro replied 2 years ago.
Please explain.

You had a trial and lost. Appealed the trial court decision and lost - correct?
Customer: replied 2 years ago.

Before we continue, I have money on this account and you are still asking for me to pay

 

Expert:  Law Pro replied 2 years ago.
I'm not sure what comes up - but you asked a question and I haven't given an answer.

Only when I give an answer should it come up to "accept" for which I will then get paid for my answer.
Customer: replied 2 years ago.

The driver took the advice of a PA and pleaded guilty thinking he would only lose his CDL in Nebraska but he lost priviledges for all states.

Customer: replied 2 years ago.

I am not asking about real estate, am I in the wrong area

 

Expert:  Law Pro replied 2 years ago.
I understand you might think so BUT I have been a practicing attorney for more than 20 years in a variety of areas of law.

I just need the requested information to give you an answer.

Please explain.

You had a trial and lost. Appealed the trial court decision and lost - correct?
Customer: replied 2 years ago.

If i could find the "accept" button I would

 

Expert:  Law Pro replied 2 years ago.
I haven't answered your question yet - that's why the "accept" button hasn't come up.

Please explain.

You had a trial and lost. Appealed the trial court decision and lost - correct?
Customer: replied 2 years ago.
That's correct
Expert:  Law Pro replied 2 years ago.
Last question- did the case start out in small claims court or where?
Customer: replied 2 years ago.

I don't think so. The girl that was taking care of this for me is no longer here.

This is over a driver that was caught driving on a suspended CDL license in Nebraska. It was suspended in CA for a ticket that was not paid that was issued to the driver but should had been taken care of by the company he worked for.

He was told by the PA to plead guilty and he would only lose priviledges in NE but that was not the case. He lost priviledges for all 48 states. When he found this out, he appealed the judge's deicision and lost.

Now he can't drive, is going to lose everything.

He is being punished for making the wrong decision.

Looks like there is something that can be done.

Nebraska will not budge.

Expert:  Law Pro replied 2 years ago.
The problem is - that it's not the judge's decision as to losing his driver's license privileges but the Nebraska DMV. They set the rules and requirements as to driver's licenses and penalties, etc.

Too, you are limited to voiding a guilty plea within 10 days. If it's not done within 10 days it's to late thereafter.

Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24645
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Law Pro and 8 other Real Estate Law Specialists are ready to help you
Customer: replied 2 years ago.

They resined the order for taking his license. Then two years later they took them away for a year.

I want to know who I can contact that has power above the judge. Maybe somone will listen. The license should never had been suspended.

It was the company that he worked for that didn't take care of the ticket

He didn't even know his license was suspended.

There has got to be someone out there that can help.

He made the mistake of pleading guilty by listening to the PA

Nebraska said they can't do anything because the judge made the decision.

Expert:  Law Pro replied 2 years ago.
Again, it's the DMV that makes the decision about his driver's license once a guilty plea is entered.

You could appeal the appellate court once more to the Supreme Court of Nebraska - but that's it.
Customer: replied 2 years ago.
And what does that consist of.? How do you do it and what approximately does it cost?
Expert:  Law Pro replied 2 years ago.
It's expensive and you file your notice of appeal to the Supreme Court of Nebraska.

How long ago did the appellate court make their decision?
Customer: replied 2 years ago.

They just sent us the notice last month. But it took them two years to decide.

What does recinded mean anyway?

Expert:  Law Pro replied 2 years ago.
Rescind - to invalidate (an act, measure, etc.) by a later action or a higher authority.

Where did that come in?

Too, you may already be too late - you have a limited time to appeal.

When was the appellate order dated?
Customer: replied 2 years ago.

I hried a lawyer two years ago, all I know is it was rescinded. So they didn't suspend his license. I don't know why.

Now on 02/17/2012 they decided to go ahead with suspension of license for one year.

 

Expert:  Law Pro replied 2 years ago.
You are more than 30 days after the decision.

Here is a link to the Nebraska appellate system and rules:

supremecourt.ne.gov/press/pdf/citzguide.pdf

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