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Recent Appellate questions
My mom passed away in June after suffering a stroke. I had
My mom passed away in June after suffering a stroke. I had moved in to try and care for her. I was not on the lease and the landlord has been harrassing me every few days since, trying to get me to vacate. I have been workking on finding a home but no luck yet. I am 7 months pregnant and the landlord has not gone through the courts. He's now threatening to show up tomorrow morning, what can i do?
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.
I had a defamation case. The other side filed since they
I had a defamation case. The other side filed for Dismiss since they believed there was no publication. I lost in the district court, the court of appeals and in the Utah Supreme court. Can I appeal in the Federal court?JA: Because laws vary from place to place, can you tell me what state you're in?Customer: UtahJA: Have you talked to a lawyer yet?Customer: I don't have an attorney and don't want to have. That is why I am asking you.JA: Anything else you think the lawyer should know?Customer: Yes. 1. I know from the company (Progressive0 agent they contacted the state agent, but the attorneys of Progressive rejected. Then, I relied on the fact that they sent me the letter via e-mail and my e-mail is insecure. Also, I insist that the e-mail is a form of publication. In my case, the letter made me a criminal, so I don't need to prove damages.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 Corporate Lawyer about your situation and then connect you two.
Can a landlord ask tenant to sign the lease that says the
Can a landlord ask tenant to sign the lease that says the landlord or his/her designated agent can enter the apartment between 9am and 8pm any day for any "valid purpose", such as to show the apartment to prospective tenants or buyers, periodic inspections, maintenance and repairs, with a one hour notice with or without the tenants being present? Does this violate the freedom of the tenant for the quiet enjoyment or any other law?The landlord also wanted to charge extra $500 if the tenant "sublet" the apartment with landlord's agreement. This is in a university town, students are in and out, when a student graduates, s/he will find a new student to take his/her to finish and continue the lease. So this kind of "sublet" is very common. Can the landlord charge $500 if there is no lost of rent? I believe if s/he charge $50 for additional paperwork it should be OK, but $500 seems not reasonable.
With the information i read on freeadvice.com,regarding
With the information i read on freeadvice.com,regarding landlord/tenant law eviction,does it apply to private residence? A couple w/6 pets has been in my mobile home for 3.7yrs. I spoke with the property mgr. of the MH. community, and she said that the agreement i wrote in 2012 is non-binding and that i was in violation of their rules.(pets not being on my lease) Also the husband smokes the wacky wd.
I lost my case in California Small Claims Court. I loaned my
I lost my case in California Small Claims Court. I loaned my friend money for business and told the Judge it was an Oral Agreement and all I have are text messages, but the Judge did not want to look at my evidence that I was ready to present and he said I must have a written agreement.Actually I am not very clear on his explanation on his ruling and why he does not want to look at my evidence.I understand Plaintiff can not appeal and Judges decision is final. If I am confused by the judges findings, am I allowed to ask why? Is there something I can do?
There appears to be a problem in a case records that I haveView more legal questions
There appears to be a problem in a case records that I have in NYS Supreme Court whereby one (1) of the two (2) of the defendants' attorney have filed a Show Cause Order to vacate a previous judgment while the other defendant's attorney has received the Show Cause Order, but did not respond and both defendants' attorneys were granted a vacated judgment by the Court based upon the application that one of the defendant's attorney had made. (Note: Further, based upon Court records it appears that a previous judge saw this problem in the record and decided to recuse himself from the case before my judgment was vacated as stated above.)It is my belief that at best the attorney, who did nothing would have received a default judgment based upon the application of the Show Cause Order to vacate the previous judgment. During this process I was not represented by an attorney. What I would like to know based upon the aforementioned problem is it in my best interest to request that the judge who vacated my judgment under the described conditions recuse himself among other things, if so what would be best legal basis to make such a request? (Cite, case law for this matter, please.)