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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33774
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Can writ of mandamus requiring finding of Fact be considered

Customer Question

Can writ of mandamus requiring finding of Fact be considered as immediate timely filed notice of appeal or is the deadline of 90 days is the rule?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 7 years ago.
Can you rephrase please?
Customer: replied 7 years ago.
Made Petition for Writ of Mandamus requiring finding of Fact and... with Court of appeal but did not file Notice of Appeal.
Expert:  Dwayne B. replied 7 years ago.
I'm sorry, I still don't understand. Can you give some more facts.
Customer: replied 7 years ago.

See the blog post: "What is required to perfect an appeal?" and note this statement:

If the proper post-judgment motion has been filed, or in some circumstances, if a request for findings of fact and conclusions of law was made within 20 days, the notice of appeal will be due 90 days after the judgment was signed.

The original jugment order was signed on May 17th, by trial court. The request for findings of fact and conclusions of law was filed within the 20 day time limit, so it appears that the deadline for filing a notice of appeal is 90 days from the date the trial court signed the order denying findings of fact and conclusions of law (which was August 19th).

It is correct?

Expert:  Dwayne B. replied 7 years ago.
It is 90 days from the date of the judgment, May 17th, unless an extension of time was granted by the court.

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Customer: replied 7 years ago.
Please, exact explanation and coment to the link given to you, or give up the qoestion for other.