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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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A party that is adversely affected by a final judgment has the ability to file an application for a writ with the Court of Appeals. A Notice of Intention must be filed with the original court where the judgment was entered and served on the other party. Just requesting th writ does not stop the original judgment, but you have the option of filing a Motion to Stay with the trial court.

Usually, the grounds for appealing a Motion for Summary Judgment are that there were factual issues that should have been resolved at trial prior to ruling, or that the judge misapplied the law. Because the appeals process can be complicated, you may want to sit down with a local attorney that can review the judgment to give you a better idea of your chances of success on appeal and may be able to assist with preparing the appeal.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 4 years ago.

how do I find the right attorney?

It's usually a good idea to talk to more than one, because you want to find someone you feel comfortable with. You may also get different price quotes from different lawyers. There are some sites, like, that include client reviews and peer ratings for some attorneys. You can search by location, and look for someone with Civil Appeals experience.
Customer: replied 4 years ago.

is there a time limit to file an application for a writ?

What the rule says is that, when the judge gets the Notice of Intention, he sets a return date for the application to be filed. That return date should be within 30 days following entry of the judgment, which means that the Notice of intention should be filed as soon as possible.
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