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Roger, Attorney
Category: Business Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Dispute about exhorbitant charges, horrible workmanship, and

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Dispute about exhorbitant charges, horrible workmanship, and damages to our motor coach.
I live in Stillwater, OK and in response to an Ebay ad, had fuel injector work done on our 1992 model diesel motor coach in Iowa. The estimate via phone was 1 day and $2,000. The shop immediatedly started making mods not in the original estimate, forced us to leave coach with them because we had to return to Stillwater for an important business appointment, and they kept the coach for a total of 9 weeks and 5 days, and, the final invoice was for a grand total of $16,304.78. I wrote a check on July 30, 2007 (EOFY) for $3,000 thinking that would cover the bulk of amount owed. When presented the bill on Saturday, Sept 22, I gave the $3,000 check and another one for the balance -- $13,304.78. Almost immediately after leaving the shop driving the coach-- many problems -- too numerous to mention here were obvious. The next day, Sunday afternoon, we made a decision to "stop pay" and pursue solutions to our problems. My wife had our bank stop payment on the $13,304 check. Almost immediately and almost simultaneously, the shop hired an attorney for a civil remedy, and, filed criminal charges. The criminal charges of fraud and dishonored check were dismissed by the criminal court. The plaintiffs' pursuit then led to a bench trial in District Court on 3 issues: 1) fraud, 2) dishonored check, and 3) breach of contract. The Court dismissed the charges of fraud and dishonored check. The honorable Judge almost totally misunderstood the case and awarded $3,500 in addition to the #3,000 we had already paid re the issue of breach of contract. We disagreed with the amount, but, immediatedly sent the amount ordered to plaintiffs' attorney marked "paid in full as per order." Plaintiffs appealed the order but cashed our check. The Judge corrected some arithmetic, added some ommitted sales taxes and increased the order by another $1,700. Plaintiffs appealed to the Iowa Supreme Court for review by Appellate Court. Our original attorney withdrew to accept a "Judgeship." A junior attorney in his office "took over" our case. He directly lied to us on two separate occassions, and when we threatened to file ethics charges-- he withdrew. Now, 6 of theXXXXXJustices of Iowa have responded to various requests, motions, briefs, etc, and, some have done their dead level best to force us to hire another attorney. I have responded to and initiated several docs Pro Se during a lengthy "briefing" process. One SC Justice separated the Defendant parties into 3 separate ones-- Me, my Wife, and, our "close" corporation. The case has just been re-classified from "briefing" to "ready" following the Court's acceptance of final briefs from my wife and I-- they refused to let me appear for the corporation although we are the only two officers and stockholders. Nevertheless, here is my question. How do I title-- or, what format do I use now to ask the appellate court to "dismiss" the two issues previously dismissed by both a criminal court and the District Court-- fraud and dishonored check? Do I file a "motion to dismiss" or, "summary judgement" or ? I cherish the opportunity to argue the "breach of contract" issue in the court, but, there no chance that an appellate court will over-rule the District Court on those two bogus charges. I want those 2 dismissed such that the Court will have focus on only the "breach of contract" issue. Thanks.
Submitted: 5 years ago.
Category: Business Law
Expert:  Roger replied 5 years ago.
Hi - my name is XXXXX XXXXX I'm a Business litigation attorney here to assist you.

The appellate courts do not deal with dispositive motions such as motions to dismiss or motions for summary judgment, or any other motion that seems to limit an appeal. Trial courts handle these kinds of motions, and the losing party can then appeal the decision. Thus, I don't think you can file any motion to restrict or limit the appeal of the other party. As long as the issues on appeal were issues at the trial court level, the issue can be argued to the appellate court.

All you can do is respond to the issues raised on appeal by the other party in your brief. You can concentrate your argument on the breach of contract issue, but the other party has the right to argue over any trial court decisions it wants.
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