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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118086
Experience:  Attorney experienced in commercial litigation.
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My question now would be how do a appeal, Can I do a appeal

Customer Question

my question now would be how do a appeal , Can I do a appeal for the default Judgement and a appeal for the denial to set aside judgement and in both appeals ask for a stay,
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are filing an appeal, you must file only 1 appeal and include all of your grounds for appeal in that one appeal. So you would have to set forth your legal basis for setting aside the judgment and for vacating the judgment itself. You would need to file a notice of appeal in the court where the judgment was issued and ask for a stay pending appeal in that court as a motion to stay pending appeal submitted with your notice of appeal. A stay on appeal is up to the judge and if he denies the stay, then you submit a motion to stay pending appeal to the appeals court with your appeal brief.