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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 88749
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If you have an Order that was denied in the circuit court can

Resolved Question:

If you have an Order that was denied in the circuit court can you file an interlocutory Appeal (not sure of the wording} within the 30 days to have
it reviewed in the Appellate Court requesting a reversal for a rehearing,

What is the language and what is it called? Do I still need to prepare the record
to do this or can I have just this order that was denied reviewed?

What is this procedure? for Order that are denied to go before the appeals court
just on that denial asking for a reversal back to circuit to further proceedings?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question. I look forward to working with you to provide you the information you are seeking.

An interlocutory appeal must be upon permission of the court if it is not an appeal on a final order. Thus, you need to ask the court for permission for an interlocutory appeal.

The record would still have to be prepared and sent to the appeals court if the appeal is approved

An interlocutory appeal would be heard only if you can prove that the order would effectively end the case and you could not proceed further.



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Customer: replied 1 year ago.

If the Def had an Motion to Reconsider for a rehearing,


modification or vacation of Plaintiffs/Lender Summary Judgment and Judgment for Foreclosure and Sale Denied and your attorney filed a


"Motion for Extend Time for filing and Stay Discovery" set to be heard


by the court after the 30 days that you would have to file your


Appeal.


 


1) How does this Toll the time for filing my Appeal on SJ's...if required?


 


2)Does this give your case as the Def more time to request


additional discovery because Def was prose and now has an


attorney?


 


3) What has happen to the Appeal needed for Plaintiffs/Lenders


Order that was granted for Summary Judgment and Judgment for


Foreclosure and Sale? (same language for Condo Assoc. but


there SJ is granted to foreclose Lien on a bogus Counterclaim)


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
If the motion from your attorney was subsequently approved or a hearing was set on the motion, then the appeal time is tolled until the hearing is held.

It depends on what the court rules in the hearing as to whether or not you have more time and how much time to do discovery

The appeal on the Plaintiff's order time is tolled until the hearing in the court on your attorney's motion.
Customer: replied 1 year ago.

Thank you for a response that I totally understand.


It's very good to know that there are still professional


Attorneys On'Line at JUST ANSWER available for


direction.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your kind words.

Y'all come back now.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 88749
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 9 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Paul this is Def Pro se I filed the Appeal because The court granted


the attorneys for the Lender SJ and Judgment for foreclosure and


sale and granted the Condo Assoc. Counterclaim for SJ to forelcose


Liens.


 


The attorney I hired has been filing these motions like an amature, after the court denied my Motion to reconsider for rehearing, modification and/or vacation of Summary Judgment on both the Lender and the Condo Assoc. without Argument.


 


I had 30 days to perfect an appeal, the atty I hired was filing motions


without notice to the other parties, filed one motion and the court


stated it was a mess. that's (2) insufficient motions, My time was running


for the Appeal.


 


I had to file my appeal on time, then I amended the appeal on time


within the 30 days. Then the atty I hired or (someone) after finding


out I filed an appeal (I saw on the courts docket) filed a motion for


"Stay of discovery".


 


I was told (me-Prose) my case was sent to the civil appeals division.


 


1) Can I have a different attorney in the Appeals court?


 


2) What will happen when this (the atty) I had hired goes to court before


the judge on this motion to stay discovery?


 


3) Was this done to make me lose the case?


 


4) What would have happen if I had not filed the Appeal in a timely


manner?


5) Can the Circuit Court still rule on the (my attorneys) Motion to


stay discovery?


 


6) The atty I hired, shoud he have mentioned to me (client) that we


Should file an Appeal after the court denied a Prose Motion to


Reconsider?


 


a) What is the Standard procedure after a post-trial motion


b) Is denied?


 


 


7) As the Owner of the property I felt like I was being played for some


one elses gain on me, I felt I was being played by the very atty I hired who recently just re-obtained his license to practice law and being


controlled by the opposite party, Is this a possibility?


 


8) If the case is in the Civil Appeals Division now what will happen


when the atty appears in court before the Judge?


 


There is the atty Motion to Stay discovery before the court on


7 23 2013 (the atty I prose hired).


 


9) Should I appear on that Motion? What will happen if I don't


appear with the atty? I feel betrayed.


 


10) I Prose filed the Appeal Timely. I can't loose my property


unlawfully and without dues process of the law, what is the


next step within the law?


 


11) What will the court say, rather within the law?


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

1) Yes you can hire a different attorney for the appeal court.

2) I really do not know what will happen, as a stay is up to the sole discretion of the judge, BUT I can say that most times when an attorney comes in like your attorney has done at this point in the case and needs time to get up to speed on the case the courts generally will grant the stay.

3) I do not believe it was done to make you lose the case.

4) Had you not filed the notice of appeal and appeal in the time frame, chances are that because you have current matters in the court and it has not been finally adjudicated and closed, you would have gotten more time to file.

5)The court has to rule on the motion to stay.

6) The attorney should have filed for the appeal only if this was a final judgment in the case. If it was not a final order/judgment that disposed of the whole case, the attorney still had time.

The attorney would generally continue filing motions to get the matter stayed so they could learn enough about the case so that they could properly argue your case.

7) Not likely that you were being "played," as many pro se litigants who really have no experience in courts do fell this way, but it is usually just the legal process that makes them feel that way and not really what is happening.

8) The case will be reviewed in the appeals division, but the court will still have to review the motions and will have to rule on them as well and if your attorney is new on the case the court will likely grant them.

9)Yes you should appear with the attorney so you know what is going on in your case and what he is doing for your case.

10) The next step is wait for the court to rule on the motions and you also need to get your appeal brief with your legal arguments and caselaw submitted to the appeals division.

11) I really do not know what the court is going to say here, as these cases are rather difficult and I do not have the ability to read the case file to be able to try to even guess what the court will say.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 88749
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 9 other Real Estate Law Specialists are ready to help you

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