I lost a circuit court case after it was tried 3 times my
I lost a circuit court case after it was tried 3 times my attorney filed a motion appeal to the Appellate Court,where he forfeited her right to appeal the court's evidentiary rulings because he failed to request a new trial in my post trial motion?
Second opinion] I filed a motion for new trial on the 30th
Second opinion] I filed a motion for new trial on the 30th day after the Judge signed the judgment. Client failed to come in to verify the pleading. A few days later I signed an affidavit stating I have personal knowledge of fact that ex-husband lied when he testified he was unemployed & after the trial ex-wife took photos of his trailer full of landscaping equipment attached to his truck. I attached the photos as an exhibit to the motion for new trial. Opposing counsel at the mnt hearing argued that the mnt was not verified and the amended mnt containing my affidavit was not personal knowledge because I did not personally see the truck with the lawn equipment. He further argued that because the amended mnt was filed after the 30 days from date Judge signed the judgment it can not be considered. The Judge will take issue under advisement & reset hearing. Q: Do the rules allow for a verified amended mnt after the 30th day the judgment was signed. Do the rules allow for leave of court so that Judge can allow an amended verified mnt after the 30th day of the judgment being signed?
In the state of colorado, how can you submit/get additional
In the state of colorado, how can you submit/get additional evidence entered into a civil trial if you didn't include it within your initial discovery? What are the parameters/rules about what you would need for a defendant to say on the stand in order for me to be able to get additional evidence submitted to the court/judge?JA: What state is this in? And can you tell me a little more about the charge?Customer: As I typed above--it is in the state of Colorado---it is a property distribution issue related to a domestic relationshipJA: Has anything been filed or reported?Customer: We go to trial in 2 days---if you read my question, I'm asking how I could get additional information (during the trial/questioning/cross examination) entered if I did NOT previously supply it as part of my discovery?JA: Anything else you want the lawyer to know before I connect you?Customer: No thank you
I need to know what to do. We just found out that our adult
I need to know what to do. We just found out that our adult son fraudulently signed tax documents stating that an RV that he bought belonged to his father. When he bought it, he falsely used his fathers name. Now the Tax Assessor now has placed a JUDGEMENT against my husband for the owed taxes.JA: What state is this in? And how old is the RV?Customer: The RV was a 1986 model and the State was IndianaJA: Has anything been filed or reported?Customer: What do you mean? I received a notice of JudgementJA: Anything else you want the lawyer to know before I connect you?Customer: Their is a collection agency stating that there is a Personal Property Tax Judgement against Randy, (my husband) in the amount of $5,460.43 and RANDY NEVER OWNED THE RV!
Counselor at Law
I received a citation for an "abandoned" boat in the water
I received a citation for an "abandoned" boat in the water in. I did NOT own it. A friend and I were going to buy it. We only made 2 of the 10 payments and NEVER took possession of the boat. It was NEVER at my dock or my house. WE were going to get the boat and put the title in our name after we paid for it.The civil trail was at 9am. I missed it because I was assaulted at 8:24am. I went to a former police officer of 25 years who is now retired. I had a bloody nose and bruises on my face appeared within the hour. He tried to persuade me to go to make a police report and go to the hospital. We talked for a while. He took pictures of my bloody face and bruises. I never reported it to the police. I didn't go to the hospital until about 12pm or 12:15pm. The hospital records did documentand used the word assault several times in my records. I only faxed a page to the court that said I was at the hospital. The time stamp was AFTER the 9am civil court trial time. I wanted the assault to remain confidential and did not let the court know on the faxed document...it only said that I was treated in the ER. I lost the case. The judge order stated that I had to pay the $285 boat civil ordinance citation fine and the $820 it cost for the county to pay to get the abandoned, overturned boat out of the water. They never admitted to the court that I was NOT on the title. When they got the boat out of the water, they did not investigate the serial number or boat registration sticker with year on the side of the boat. The only evidence was the citation and pictures of the bottom of an overturned boat in the water. Due to the hurricane season in Florida, there were 3 or 4 overturned boats in the same channel. There is no proof that the boat in question is the same boat. The overturned boat was in the water, at four different locations during the 4 month period before the county got the boat out of the water.I submitted a motion to vacate and motion for new trial. It was turned down because I didn't include the term or the fact that I had a "meritorious defense". I thought the fact that I was at the hospital was enough... but it wasn't.I appealed the case to the appellate court.I am in the process of writing the reply brief. The county's main argument is "Because the record is incomplete, we must presume the unrecorded testimony was sufficient to support the lower tribunal's ruling". They also say "In appellate proceedings, the trial court's decision comes to the appellate court clothed with a presumption of correctness." Applegate vs. Barnett Bank) Also, the argument is that I wasn't in the hospital at the same exact time of the hearing. I am including the hospital records and injured face pictures.. in my reply to their response. However,the odds are stacked against me. The other side said that because I admitted to boat officers that I was in the process of buying the boat (with someone else), I am RESPONSIBLE for the fees.Another stumbling block is their statement in their answer brief "The appellant has the burden to submit to the appellate court a record adequate to support the appeal.(Wright vs.Wright) The record is a written history of the proceedings from the beginning to the end of the case. (Bei v. Harper) Also, where a finding or ruling in the lower tribunal is based on evidence or testimony not brought up in the record, the appellate court will presume that the finding is correct. (Hurley v. Government Employees Ins. Co.)Issues concerning evidentiary sufficiency is not reviewable when there is no transcript, only errors which appears on the face of the final judgment is reviewable. Dennison v.Dennison. The only evidence submitted is photos of an overturned vessel, documents showing the costs to the county to remove vessel from the channel. They said "the derelict was found at multiple locations in and around her then residence". The boat was never at my residence, on my dockor behind it."I need help, concepts, cases to cite, ides, strategies.... I feel overwhelmed. I am definitely the underdog and am somewhat lost. My reply brief is due in 9 days. I do have a notarized statement from the former police officer stating that he took the pictures and stating that we me after the assault before I went to the hospital. I also have a notarized statement from a neighbor that lived on my street stating there were 3 or 4 overturned vessels near the same location. He also verified that he never saw a boat at my dock, at my house or behind my house.PLEASE HELPSincerely, Chris
We own an excavating business and we had a client who hired
HiWe own an excavating business and we had a client who hired us to construct them a one acre +\- pond. We were very clear in our terms and conditions that the client was going to need to have an adequate water source (an adequate well) to fill his pond.Once the construction was complete, he declined installing an adequate Well to fill his pond therefore causing quick evaporation. Long story short he claims the pond is "leaking". We had returned and dug a trench to test and see if in fact it was leaking and it was not.We then told him we could drain the pond down and see if there was something we couldn't see and he declined. Our contract terms clearly state that we are not liable nor do we guarantee a maximum water depth due to unknown soil conditions, etc...Plain and simple this guy has been negligent. A mediation was conducted and there was no resolution. Their (then) attorney told them they had no case. They fired that attorney and hired a new attorney who just so happens to be best friends with the judge.Now we're scared we're going to lose based on a friendship factor. We have a great attorney but I think even he's a bit nervous now. Can you make any suggestions on how to proceed? Court is June 1st
Law Educator, Esq (This is the regular) (This is on the
Law Educator, Esq(This is the regular) (This is on the motion to vacate)Good day,Was I supposed to write this below out in my memorandum of law and discuss each requirement, or argue in my memorandum of law and make sure those requirement are included in my argument without having a title for each of the requirements and discussing them.“The question presented by a charge of fraud is whether a judgment that is fair on its face should be examined in its underpinnings concerning the very matters it purports to resolve. Such relief will only be granted if the unsuccessful party is not barred by any of the following restrictions: (1) There must have been no laches or unreasonable delay by the injured party after the fraud was discovered. (2) There must have been diligence in the original action, that is, diligence in trying to discover and expose the fraud. (3) There must be clear proof of the perjury or fraud. (4) There must be a substantial likelihood that the result of the new trial will be different. James, Civil Procedure (1965) § 11.7, pp. 540-42; 36 Ill. L. Rev. 894, 896-97 (1942).” Id.The Connecticut Supreme Court outlined the general standard for vacating a judgment based on fraud: “(1) There must have been no laches or unreasonable delay by the injured party after the fraud was discovered. (2) There must have been diligence in the original action, that is, diligence in trying to discover and expose the fraud. (3) There must be clear proof of the perjury or fraud. (4) There must be a substantial likelihood that the result of the new trial will be different.” Varley v. Varley, 180 Conn. 1, 4, 428 A.2d 317 (1980).If I need to use it which one should I use?
Legal malpractice. My friend, a special ed teacher, was
Legal malpractice. My friend, a special ed teacher, was arrested and charged with reckless behavior for moving a child's chair while the child was having a tantrum, not unusual situation in a special ed class. The child fell from the chair but was not injured. My friend was charged, arrested, went to trail and was found guilty of a misdemeanor by an almost hung jury. She had two different criminal attorneys. Both failed to do due diligence on case law. Had they done so they would have discovered that no teacher in Georgia can be arrested without a special pretrial hearing. Her first attorney did not know of or employ this law in her defense. In addition, there is a powerful law in Georgia that protects teachers in class when they are attempting to ensure discipline or maintain a safe environment. As long as the teacher "acted in good faith" they are immune from prosecution. This law has been tested several times on appeal and the teacher has consistently won. Our second criminal attorney was unaware of this law until we brought it to her attention and by then it was too late. A five minute check of relevant case law would have turned up both these laws and made prosecution impossible or at least more difficult. Not doing due diligence on relevant case law is surely grounds for a malpractice suit?JA: Can you tell me what state this is in? And do you have copies of the medical records?Customer: GAJA: Has anything been filed or reported?Customer: We have file for a new trialJA: Anything else you want the lawyer to know before I connect you?Customer: Yes, the circle of people who can be potentially sued here is, I believe, rather large. A lot of people dropped the ball or in some cases acted out of malice including the School Board's retained attorney.
BIA remanded my appeal back to the trial judge, as BIA
BIA remanded my appeal back to the trial judge, as BIA stated that there is a new case law (after the appeal was filed) on the subject which may result in reversal of the trial judge adverse decision regarding withholding of removal. When the case is remanded - what are the typical option: 1) is it a new trial? 2) can the judge render a decision without the trial 3) is it possible to negotiate with DHS attorney for them to drop the case by not arguing against withholding of removal?