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Recent Appellate Court questions

This is a question lawyer who has experience with appeals in

This is a question for a lawyer who has experience with appeals in federal court.Can I include new evidence in an appeal to a summary judgment ruling for the defendants?

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William B. Esq.

Attorney

Doctoral Degree

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The defendant filed appeal. The plaintiff filed motion to

The defendant filed appeal.The plaintiff filed motion to dismiss appeal.The court rendered judgment which I don't understand if the defendant-Appellant's appeal is ordered frivolous or if the plaintiff-Appellee's motion-to-dismiss-appeal is rendered frivolous. Please clarify.Here is the appellate court's order, verbatim:THE MOTION OF THE PLAINTIFF-APPELLEE, WELLS FARGO BANK, N.A., FILED MAY 20, 2016, TO DISMISS APPEAL, HAVING BEEN PRESENTED TO THE COURT, IT IS HEREBY ORDERED GRANTED AS FRIVOLOUS.

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Zoey, JD

Doctoral Degree

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Superior Court and use of the Subpeona. Is it worth trying

Superior Court and use of the Subpeona. Is it worth trying to subpeona any records I do not have but I may need for briefs now before I really need the info?

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NYFamilyAttorney

Licensed Attorney for 36 years

JD

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Misrepresentation in federal court. My ex-lawyer sabotaged

Hi Pearl. Misrepresentation in federal court. My ex-lawyer sabotaged my case so badly that I suspect he was corrupted by opposing counsel. I lost MSJ in a retaliation case.JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help.Customer: thanksJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: Defendants won MSJ in federal court because my attorney severely misrepresented my case. He didn't submit evidence, didn't dispute many of the defendants' findings of fact, didn't mention that they lied under oath and that I had proof of their perjury. My attorney submitted "my" response to the MSJ without showing it to me first and getting my ok. I asked the judge for reconsideration but he denied because evidence should have been entered previously. The judge also wrote that it would not have changed anything anyway because I 'couldn't prove' the causation in the retaliation. However, Reeves only requires proof of pretext not causation to get case to court. I could show pretext as the defendants changed their story and their reason for their adverse actions. The judge also refused to accept the "1000 small cuts rule" as it came from an appellate court in a different federal circuit. The district court judge's ruling now hurts my chances for a malpractice lawsuit. :(JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.Customer: If there is a chance I would like to appeal the SJ.

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Dwayne B.

Juris Doctor

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I filed a motion judgment with the federal court of appeals

I filed a motion for summary judgment with the federal court of appeals subsequent to a brief I filed and subsequent to a motion for summary judgment in the district court and they ordered it taken with the case for consideration by the panel. The defendants in response argued, The federal rules of appellate procedure do not authorize a Motion for Summary Judgment. Can you explain what they mean since I see several summary judgment rulings in the court of appeals on my case law review.

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William B. Esq.

Attorney

Doctoral Degree

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19,002 satisfied customers
Is there a case where a person is in jail (murder) who wrote

Is there a case where a person is in jail for life (murder) who wrote a contract stating "in the event of my death", and the contract was honored because he was considered as good as dead?

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ScottyMacEsq

Doctoral Degree

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22,250 satisfied customers
I'm following up about my previous inquiry on 2/22. Our

Hi Robert,I'm following up about my previous inquiry on 2/22. Our wedding photography was very bad, the photography company provided free edits but we were not satisfied. They have offered a $650 refund but part of the settlement agreement contains a Non-Disparagement clause requesting that we remove any negative reviews we currently have posted on Yelp, WeddingWire, etc. The photography company claims it will take legal action if we post any negative review or disclose that we received a refund. The company is based out of Chicago but we live and got married in San Francisco. I want to be able to post an honest review online so that other wedding couples know what are getting if they hire this company. Ideally, we would also like to accept the refund. What are our rights?

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RobertJDFL

Attorney

Juris Doctorate

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11,762 satisfied customers
I have read where under Florida law there is a statute of

I have read where under Florida law there is a statute of limitations under section 95.11(2) that has been applied to condo and homeowner association documents. That is, that if a bylaw or covenant is amended, and no one challenges it for five years, it cannot be challenged. However, I just found what seems to be two arbitrator rulings that put exceptions to that. An arbitration ruling ***** ***** Dahm v Sun Island Association, Case No 2***-**-****, from 2010, and a ruling Richardson v Jupiter Bay Condominium, Case No 02-4354, where each arbitrator declares that if a rule is void ab initio, the five year statute of limitations does not apply. In 2005, one of our property managers recorded five amendments of our covenants that did not have enough votes to pass. He recorded them anyway. I would think if the amendments did not get enough votes, the amendments were "void ab initio", and the five year statute of limitations would not apply. Thus, the amendments could be declared null and void. Correct?

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Ray

Lawyer

Doctoral Degree

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34,354 satisfied customers
I am a legal resident of the District of Columbia. I live in

I am a legal resident of the District of Columbia. I live in a row house and the alleyway behind my house has a row of lights owned and operated by the city. The alley light directly opposite my house has gone out at least a dozen times within two years. Each time the light goes out, I call the city agency that handles street lighting (The Department of Transportation) to come out and fix the light. They will come out after about a week and "fix" the light. The problem is, the light will go out after about 3 months. I will then call DDOT and they will repeat this ineffectual procedure again and again without truly fixing the problem. There are other alley lights in this alley that have been on for "years". It is only this one alley light directly behind my house that keeps going out over and over again. Question: If I should go outside to dump trash or to go to work early in the morning before daybreak and it is pitch black out there and I get assaulted under the cover of darkness, can I sue the city?

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Ely

Counselor at Law

Juris Doctor

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62,688 satisfied customers
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