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I filed an appeal in a civil matter.. My case was originally…

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My case was originally dismissed...

My case was originally dismissed on May 28, 2010 - without prejudice because I failed to file a correct Certificate of Review. I am pro se. I filed a motion with the district court to reopen the case. I contacted the Judge who personally told me that the March 2, 2011 date was the date to go by in filing an appeal. Now, the appeals court states that I need to show cause, if any, in writing within 14 days, why this appeal should not be dismissed with prejudice for failure to file a timely appeal. I would like to know how to address this so I do not lose this medical malpractice case. Can I file a motion to dismiss this case before the appellate court and refile in the district court again? I also need statutes or case law. I thought I was timely.

Submitted: 6 years ago.Category: Legal
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Answered in 12 hours by:
6/18/2011
Lawyer: LawTalk, Attorney replied 6 years ago
LawTalk
LawTalk, Attorney
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Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
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Good morning,

Has the statute of limitations already run on the filing of the med mal case?
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Customer reply replied 6 years ago
I am still agressively being treated for the issue. I am trying to open a new case - iI do not want to go to the District court I originally filed in. I feel there is bias in that court. Also, in the new motion can I file the Motion as a personal injury case without medical malpractice. The surgery was February 2009 and I have been in the courts since late 2009 because the doctor lied to me about fixing it. I have been treated medically for nearly two years now and still am. The doctor entrapped a nerve when doing the vaginoplasty.
Lawyer: LawTalk, Attorney replied 6 years ago

I've stopped working for the evening. I'll opt out and allow another expert to assist you.

 

Best of luck to you.

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