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I won a civil lawsuit against my ex girlfriend for 1800

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dollars that she stole from...
I won a civil lawsuit against my ex girlfriend for 1800 dollars that she stole from my bank account. I lost another civil lawsuit against the same ex girlfriend for property that she would not return. I have 2 more lawsuits that the magistrate didn't award me because I have sued my ex previously. the two cases are 1 for more money that I found out she stole and for my persoanl assets (like a suitcase a laptop etc..). I appealed the 2 cases from the magistrate to a higher court. what do I need to demonstrate to the higher court so they at least hear the case and hopefully award in my favor..
Submitted: 10 months ago.Category: Legal
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Answered in 1 minute by:
9/27/2017
Lawyer: legalgems, Lawyer replied 10 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,951
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 10 months ago

What was the basis for the court dismissing the lawsuit? (For example did they use the term "res judicata" or "collateral estoppel")?

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Customer reply replied 10 months ago
it was a magistrate and he just basically said. I can't sue the same person over and over again because of a breakup. I was suing her over different assets and different times that she debited money from my account unauthorized
Lawyer: legalgems, Lawyer replied 10 months ago

I am still looking into the rules to see if I can find any basis for that.

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Lawyer: legalgems, Lawyer replied 10 months ago

Normally if a court deems a case has no merit, the proper remedy to discourage ongoing litigation is to sanction the party and award attorney fees and costs;

In Free Spirit Aviation, Inc. v. Rutherford Airport Auth., 206 N.C. App. 192, 200–201 (2010), the court found that a determination of whether a justiciable issue has been presented is reviewed de novo which means the appellate court would hold a new trial (versus merely reviewing the lower court's transcript) to determine the issue.

Res judicata and collateral estoppel is when the parties have litigated the same issues; that serves as a bar to future litigation as to those same claims.

But if there are new valid claims a party has a right to bring those as they develop.

There are strict time lines and procedural requirements for appeals - please see:

https://www.lawhelpnc.org/resource/how-to-appeal-a-magistrates-judgment

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Lawyer: legalgems, Lawyer replied 10 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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