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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118293
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I filed a Motion to Vacate Remand of a JP appeal from County

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I filed a Motion to Vacate Remand of a JP appeal from County Court due to the remand being out of time. After a hearing on Oct 3, my motion was denied. Is it appropriate to file a REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW at this time?
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 your motion was denied, you can ask for the findings of fact as to why you were denied on motion, but if your case has been terminated for failure to file in timely manner then you would not get the conclusions and findings from the JP unless they have not rendered their final judgment already which was essentially upheld by your appeal being denied.

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Customer: replied 3 years ago.

The sequence of events: Appeal from JP court, answer filed and bond posted.

The County Court issued "Notice of Appeal and Costs" dated Dec 14,2012 but it was postmarked Dec 17, 2012. When I went to pay fees on Jan 8, 2013, the
case had already been remanded to JP court and was subsequently ruled a final judgement. I filed Motion to Vacate Remand in the JP Court, but it was denied due to lack of jurisdiction. I filed Motion to Vacate Remand in county court, and after hearing on Oct, it was denied. I am having a hard time finding where the case can be remanded before the expiration of the 20 day notice and the 3 day addition for service by certified mail. I'm not sure a 'Writ of mandamus' is appropriate here? After the Order Denying my Motion to Vacate Remand was denied, I file Request for Findings of Fact and Conclusions of Law. Is there anything that I am missing?

Thank you for your response.

I do not know that you have missed anything in your analysis. I do not know Mandamus would work, since that is an order to a public official (judge or clerk, etc) to do their jobs. If you request your conclusions of fact upon the remand then you next need to get an actual local review of the pleadings and court orders, because it sounds from what you have said that you have proceeded properly and it might be there is something in one of your pleadings a local attorney can use to get your case appealed or get you another avenue to open for you to pursue and that cannot be done without review of the evidence in person.
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