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Kirk: Court filed Order on Motion for Summary Judgment for

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Kirk: Court filed Order on Motion for Summary Judgment for defendants on 3/25/13. One defendant filed bill of costs for taxation on 4/8/13. I filed a Notice of Appeal on 4/12/13. I then filed a Motion to Set Aside on 4/23/13. Only one defendant filed a Response to my Motion to Set Aside, on 5/14/13. This defendant advised me that my notice of appeal was premature. The appellate court has scheduled my brief to be due 5/28/13...but is my case "over" yet? What the heck do I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - thanks for looking me up again.
Kirk Adams : Filing a motion to set aside the judgment, would be a request for the court to review the previous judgment and make a final ruling, which could delay an appeal until that's over. However, I understand why you did what you did.
Kirk Adams : The appeals court may be viewing this as an interlocutory appeal, which could technically allow the case to go on while this issue is on appeal.
Kirk Adams : You're getting into some pretty complicated procedural issues, and I can't tell you what to do specifically because I'm not your lawyer and I don't know everything about your file.
Kirk Adams : Thus, I would highly recommend that you consult an attorney about looking at this and let him/her help you decide where to go from here.
Customer: replied 1 year ago.
Thanks, XXXXX XXXXX have tried to consult with two attorneys, both of which declined to help me. Would it be of benefit to call the appellate court, ask them if they are considering this an interlocutory appeal, and ask them if it would be prudent til file a motion for extension of time to file my brief? Or would they consider that legal advice?
Expert:  Roger replied 1 year ago.
The appeals court will tell you what they consider your appeal to be - - interlocutory or not - -, but they're not going to give you any advice as to what you need to do.

Maybe you can try to find another attorney in your area to help as it really sounds like you need some assistance with this.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26576
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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