Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Under what rule is the trial court required to give notice

to the parties after a...
Under what rule is the trial court required to give notice to the parties after a case has been remanded by the appellate court back to the trial court ?
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
1/2/2013
lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25,387
Experience: Actively practicing trial attorney
Verified
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.

If I understand it correctly the case was remanded back to the trial court, the opposing party filed a Motion for Summary Judgment without also serving you and the motion was granted without a hearing on the motion or an opportunity for you to file a return in opposition to the MSJ? Is all of that correct? How long ago was the order granting the motion?
Ask Your Own Legal Question
Customer reply replied 4 years ago

Been in excess of a year processing the sheriff sale which our county is behind in sales.

Customer reply replied 4 years ago

Actually the judge provided notice to the plaintiff telling them the case was appropriate for MSJ the SAME day the case was remanded to the trial court. When I asked the court for time to resopnd to the MSJ the judge denied and granted the msj.

Since the order is over a year old your time to appeal or file for a new trial has expired and unfortunately you now have no further legal recourse. Sorry but a lot of people are in your same position and the banks are winning.
Ask Your Own Legal Question
Customer reply replied 4 years ago

Actually I have a pending appeal while all of this is going on

See
http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

Here is the Rule for service of motions

RULE 5. Service and Filing of Pleadings and Other Papers Subsequent to the
Original Complaint
(A) Service: When Required. Except as otherwise provided in these rules, every
order required by its terms to be served, every pleading subsequent to the original complaint
unless the court otherwise orders because of numerous defendants, every paper relating to
discovery required to be served upon a party unless the court otherwise orders, every written
motion other than one which may be heard ex parte, and every written notice, appearance,
demand, offer of judgment, and similar paper shall be served upon each of the parties. Service is
not required on parties in default for failure to appear except that pleadings asserting new or
additional claims for relief or for additional damages against them shall be served upon them in
the manner provided for service of summons in Civ. R. 4 through Civ. R. 4.6.

IF you were not served with the motion that would be grounds for an appeal of the order if you objected and preserved that objection.
lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25,387
Experience: Actively practicing trial attorney
Verified
lwpat and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask lwpat Your Own Question
lwpat
lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25,387
25,387 Satisfied Customers
Experience: Actively practicing trial attorney

lwpat 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:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,218 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

41,455 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 J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Where can I find WYOMING rules of Appellate Procedure, Rule
where can I find WYOMING rules of Appellate Procedure, Rule 12.04? … read more
DrakeLAW
DrakeLAW
Juris Doctorate
843 satisfied customers
In a civil case in regarding rule 59 asking for a new trial
in a civil case in regarding rule 59 asking for a new trial due to new evendience who has jursdication … read more
Damien Bosco
Damien Bosco
3,000 satisfied customers
Do you have a lawyer who can write a brief for the Appellate
Do you have a lawyer who can write a brief for the Appellate Court in California by 10/11/17? Client has evidentiary material needed! And willingly to pay reasonable legal fees! … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
In an opposition to summary judgment, can I add a motion to
in an opposition to summary judgment, can I add a motion to strike an affidavit the opposition included in their MSJ or do I have to do a separate motion to strike?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Can I personally write a response to a summary judgment? NC,
Can I personally write a response to a summary judgment? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Can a motion for a new trial allow me to supoena witnesses
Can a motion for a new trial allow me to supoena witnesses that should had been there at trial but I failed to issue a supoena?I was unable to admit audio evidence due to hearsay objection. I was a pa… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
Can I file an appeal on a summary judgment, DC, what do you
I just received that the other party won their summary judgment can I file an appeal … read more
Bill Attorney
Bill Attorney
law
1,429 satisfied customers
How does it take for the appellate court to rule on a
How long does it take for the appellate court to rule on a Request for a temporary emergency stay in California ?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
If you can't bring a motion for summary judgment because its
If you can't bring a motion for summary judgment because its passed the deadline, is there another motion you can bring before trial to try to dismiss a claim under CA law? I missed the deadline to br… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I had an attorney to appeal to appellant court, they denied
i had an attorney to appeal to appellant court, they denied the appeal, then the attorney said he didn't have the time to do the reconsideration, so i filed it pro se , on the 15th day which was timel… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
If I have several issues for summary judgment that may be
If I have several issues for summary judgment that may be deemed contradictory, that is, one claims that a contract is void but another claims that a condition precedent on that (supposedly void contr… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
Second opinion] I filed a motion for new trial on the 30th
Second opinion] I filed a motion for new trial on the 30th day after the Judge signed the judgment. Client failed to come in to verify the pleading. A few days later I signed an affidavit stating I ha… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Are Appellate Lawyers the right choice for challenging
Are Appellate Lawyers the right choice for challenging legislation that discriminates or is there another practice area to file a group or class case against a State that doesn't provide equal rights … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
We have to respond to a motion for summary judgment on an
We have to respond to a motion for summary judgment on an EEO case. What is the language that goes into that response? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
If the plaintiff is granted summary judgment against the
If the plaintiff is granted summary judgment against the debter, can the plaintiff garnish the debters wages… read more
Michael Gonzalez
Michael Gonzalez
JD
519 satisfied customers
I was served a motion of summary judgment and sent a cross
Hi I was served a motion of summary judgment and sent a cross motion. I granted more time for them to respond. After they do, what is my next step I need to take? I am in Az.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
How do I set aside a summary judgment order in texas. I was
how do I set aside a summary judgment order in texas. I was not served and received no notice. I have a counterclaim … read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
As awarded summary judgment, and also his motions for unfair
as awarded summary judgment, and also his motions for unfair trade practice and motion to failure to meet fudiciary obligation-I am accused of embexxlement in a collection matter. I filed affaidavit e… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 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