Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 7 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 12 hours by:
6/18/2011
Lawyer: LawTalk, Attorney replied 7 years ago
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
Verified
Good morning,

Has the statute of limitations already run on the filing of the med mal case?
Ask Your Own Legal Question
Customer reply replied 7 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 7 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.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 24,657
24,657 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have a case in western district Missouri fed court that
I have a case in western district Missouri fed court that was dismissed w/o prejudice. within the requisite one year period, I filed a pro se motion to reopen the case, which was denied. the judge sai… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
Is a dismissal of a case "non pros" in Pennsylvania
Is a dismissal of a case "non pros" in Pennsylvania considered to be a dismissal "with prejudice" or "without prejudice" to refilling same? The statute of limitations has not run yet if a "non pros" d… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Wednesday, March 25, 2015 As a pro-se litigant I have filed
Wednesday, March 25, 2015 As a pro-se litigant I have filed a law suit on December 1, 2014 for professional malpractice and breach of duty against my former lawyer who withdrew from representing me in… read more
Maverick
Maverick
Doctoral Degree
6,302 satisfied customers
Can a trial court judge refuse to allow an appeal? Heres
Can a trial court judge refuse to allow an appeal? Here's the thing... A friend of mine has been fighting pro se, as plaintiff against some powerful people -all with high-paid counsel. The judge has n… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
My federal civil suit having been dismissed with prejudice
My federal civil suit having been dismissed with prejudice I'm appealing pro se. Under rule 10 of fed appellate procedure, under 10 (b) (1) (A)there having been no hearings or court appearances I assu… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I had a case that was dismissed by the US Federal Court
I had a case that was dismissed by the US Federal Court Northern District of IL. I appealed to the 7th Circuit Court of Appeals. The 7th Circuit remanded the case back to the District Court and direct… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
I plan to Appeal a FLORIDA Circuit Judge Order (Broward) Granting
I plan to Appeal a FLORIDA Circuit Judge Order (Broward) Granting a defendant's Motion to Dismiss, which the Judge did without prejudice for 30 days for Plaintiff (me) to get new counsel -- citing pro… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
This is a North Carolina Pro Se legal Malpractice case
This is a North Carolina Pro Se legal Malpractice case from 2009. The case was dismissed in Civil District Court March/2010 where I failed to appeal. Thereafter I filed a Rule 60(b) motion. The motion… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
define re-file please? v File an appeal? consider my pro se
define re-file please? v File an appeal? consider my pro se complaint did not say wherefore- whereas and repeat the financial losses occurred from the malpractice , although in the body repeatedly all… read more
socrateaser
socrateaser
1,031 satisfied customers
Good afternoon, I filed a case in DC Superior Courts Civil
Good afternoon, I filed a case in DC Superior Court's Civil Division which was dismissed by the court without prejudice in order to afford me an opportunity to refile the matter. I also filed a case i… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I failed to file a timely appeal with the appellate court who
I failed to file a timely appeal with the appellate court who will dismiss with prejudice, my case was dismissed without prejudice due to not complying with the certificate of review .Can I withdraw m… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
I submitted a Request for Admissions on July 2, 2010 with a
I submitted a Request for Admissions on July 2, 2010 with a return date of August 2, 2010. It was not received. I then filed a motion for Summary Judgment on August 4, 2010. The Judge without notifica… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------x RAMON QUIROZ, et al., Plaintiffs, -against- ORDER 10-CV-2485 (KAM) (JMA) U.S. BANK NATIONAL ASSOCIATI… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
Did the judge made error that he did not comply with following
Did the judge made error that he did not comply with following information and made decision without previous order and examination : "Additional written materials such as Exhibits and voice recording… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Since the last questioned that I asked, the case was dismissed
Since the last questioned that I asked, the case was dismissed (with prejudice) How long do they have to refile another appeal? Below is the pasted info from the appeals court EVENT LISTING -------- 0… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
929 satisfied customers
I am representing myself in the Appellate Division Second Circuit
I am representing myself in the Appellate Division Second Circuit as “Pro Se”, without an attorney and I presented on May 14, 2010 as Appellant my Brief and the Appendix on Appeal in the required nine… read more
LawTalk
LawTalk
Attorney
37,876 satisfied customers
To Tina G. It deals with summary judgement. Can the Judge
To Tina G. It deals with summary judgement. Can the Judge give a final verdick before making a Summary Judgement. The Appellant said the court cannot make a final judgment while a question of Rule 11 … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I was acting as Pro se in a Qui Tam case, the 11th circuit ...
I was acting as Pro se in a Qui Tam case, the 11th circuit just ruled in another case a Pro se cannot represent the Government in this type of case. The judge, in the middle district of Florida, just … read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x