I obtained a restraining order in the state of Massachusetts
I obtained a restraining order in the state of Massachusetts against an individual. The defendant filed a Motion "Defendant's Motion to Stay Order Entered on Sep 9" to the Superior Court, four days after issue of the order, that is, on Sep 13. Two days later, on Sep 15, before the Superior Court even considered the Motion or received an Opposition to the Motion from me the plaintiff, the defendant raised a Motion to the Appellate Court "To Stay Order Pending Appeal", infringing on the procedural rule: Appellate Procedure Rule 6, Civil Cases (a), (1) Stay Must Ordinarily be Sought in the First Instance in Lower Court; Motion for Stay in Appellate Court. "A motion for such relief may be made to the appellate court or to a single justice, but the motion shall show that application to the lower court for the relief sought is not practicable, or that the lower court has denied an application, or has failed to afford the relief which the applicant requested, with the reasons given by the lower court for its action."My question is: what is the procedure that I have to follow with the Massachusetts Appellate Court to request the court to deny the motion on grounds of infringing the procedural Rule 6(a)(1)? By a letter to the judge? As part of the arguments in the "Opposition" to the Motion e.g. Opposition to Defendant's Motion document? Using a special document or procedure that is designed for exactly this particular purpose?
I have been ordered by the Court to pay a substantial amount
Hello,I have been ordered by the Court to pay a substantial amount for attorney's fees of my ex-spouse, since she cannot pay. I am myself going through financial distress as a result of the divorce and unable to pay for the other attorneys fees. As a matter of fact I am going to have to represent myself in Court from now on since I have paid my attorney in full and cannot afford their fees at this timeThere are several reviews about the other attorney firm in Yelp and Avvo that indicate that there are several clients that they have overbilled for simple items such as postage and paper clips and my ex was victim as well of such over-billing and gouging clients for fees.I would like to do the following :1. since I am being ordered to pay for a substantial amount of the other attorney's fees, I would like to ask the Court for a full audit of every charge made by the other attorney by an independent auditor provided by the Court, who's fees would be paid by the other attorney's firm.2. File a complaint with the Bar Association in California against the other attorney's firm to start an investigation on these fees that were charged to my ex. I understand such complaints can be filed by the client but I don't see any recourse in the Bar's website that another person can also file such a complaint. Can I still file such a complaint?3. Ask the Court to waive the order for me to pay for these fees or at least place a stay order on that order until #1 and #2 is resolved.Am I within my rights to do the above?
I am in GA.State sent a notice of tax execution letter to me
I am in GA.State sent a notice of tax execution letter to me today valid for issue date April 11th 2016.My credit is perfect and I do not want anything on it. They sent a last notice in September. It says on the letter what will happen if you do nothing. Says The Department will record the state tax execution. So does that mean if I pay this today then they have just initiated and not recorded it yet??
THie is a US District COurt Question. If you have no
THie is a US District COurt Question. If you have no experience please do not answer. Counsel filed a Motiion to WIthdraw, the court ruled on the Motion within 24 hours and set the Motion to terminated status. We called the court spoke to a clerk and shesaid to file a motion for reconsideration and we were subsequently advised that it was manifest error for the court to rule without our input and we basically stated that in the Motion to reconsider setting up the stage for reconsideration. But in readingthe local rule 7.1b to be specific (b0Time for Response. Except as otherwise required by law or order of the court, every objection, except objections to summary judgment motions, shall be filed within fourteen (14) days from the date the motion is served.Objections to summary judgment motions shall be filed within thirty (30) days from the date the motion is served. The court shall deem waived any objection not filed in accordance with this rule. 'The court shall deem waivedany objection not filed in accordancewith this rule. ' If we do not file an objection somehow will we have waived our right to object??? Did we screw ourselves by not filing an objection after the court ruled or is that the normal progress. Should we have brough up our objections iwthin the motionto reconsider. We are still within the time frame to Object did we shoot ourselves in the foot by not raising our objections within the Motion to Reconsider?
We have been servered with a judgement. The judgement states
We have been servered with a judgement. The judgement states we need to be out tomorrow. We spoke to the landlord and she stated that if we pay 600 we stay until another date. My question is that if she is now taking money from us ( which we deposit directlyin her account) so all I have is the deposit receipt. Does that void the judgement? What can I do to show the sheriff's office or court that she has taken money from us? We are not behind on rent at all. The money would be for the current month!
I recieved a order of suspension from State of Florida dept
I recieved a order of suspension from State of Florida dept of safety and motor vehicle for 1/20/14. The cause is failure to comply with child support. I had prevoiusly gone to seminole county 6 months ago for the same thing and i informed them that my daughter has been living with me since 2011 and the order was put in 2010 in New York. I never was notified that she did this. They said i need to get the case transfered to fl .the dept of revenue informed today that it is florida now. They told me to file a motion to suspend child support and change of custody and then i needed to file petition to contest dl suspension and take that petition to child support offices in Sanford .on the bottom of the order of suspension it says i can ask for a petition for writ of certiorari within 30 days and that i may request a hearing at any administrative reviews office. My question is there any way i can stop them from suspending my license .I have school records to show that she was living in tampa with me. Please help!
New Question for Socrateaser: At the Motion for stay hearing
New Question for Socrateaser: At the Motion for stay hearing we just had on Nov 21st, the tentative and final ruling of the court was to deny our stay of the Final Distribution Trial pending appeal. The judge who adjudicated our motion to stay was a anotherone, new to our case. He got the facts of the case wrong because he did not know about or read our Objection Petition to the Final Distribution which had been filed December 1, 2011. (We mentioned our Objection Petition in our Motion for Stay Response.) Hethought the way we used Probate Codes1303 (f) and 1310 (a) (“with respect to a decedent's estate, the grant or refusal to grant the following orders is appealable; (f) determining heirship, succession, entitlement, or the persons to whom distribution shouldbe made. . Probate Code § 1310 (a) except as provided in subdivision (b), (c), (d), and (e), an appeal pursuant to Chapter 1 (commencing with §1300) stays the operation and effect of the judgment or order.) that we were fighting to be heirs to girlfriend'sestate. He based his assumptions on the following which was taken from his tentative ruling: " . . .However, ROA (GF's Distribution Petition #) is titled "First and Final Account and Petition for: Allowance of Compensation for Ordinary Commissions; Allowanceof Statutory and Extraordinary Attorneys' Fees; Authority to Withhold Sums for Closing Expenses; Approval of Extension of Letters and Transfer of Funds to the Girlfriend's Trust." [Petition.] Given that this document is set for a trial readiness conferenceon December 15, 2014, it is presumed that it is the pleading as to which this motion pertains. Additionally, although the order at issue determined that GF and Dad were legally married, it did not, in this proceeding concerning the estate of GF, determinewho GF's heirs were or the "succession, entitlement, or the persons to whom distribution should be made." Therefore, Probate Code § 1303(f) is likewise inapplicable. . . ." Because he did not know about or read our Objection Petition and because the Probatejudge did not list our objection petition's ROA# ***** with GF's Final Distribution Petition's ROA# ***** the basis for the trial, the new judge was thoroughly confused and we talked at cross purposes at the motion hearing. It was not until a day or so afterthe hearing that we really put it all together, but at the hearing we stated we had an objection on file. The Motion judge looked for it 10 minutes and did find it, but did not recess to read it. He stuck to his tentative ruling. The probate court should nothave left off our objection petition's ROA#, especially since the transcripts from 2 previous hearings clearly indicate the objection petition had caused the matter to go into case management, litigation, and trial (December 15, 2011 and March 7, 2014). Accordingto the probate codes, just transferring funds into GF's estate and doing a final accounting and distribution is not a reason for the proceedings to be a trial; our objection caused it to be a trial matter. The Question: Is all of this a good argument to movefor a supersedeas from the appeals court?