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I need to ask a question about the appellate process

I need to ask a question about the appellate process
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Customer reply replied 4 months ago
the plaintiff's case was dismissed by the judge for not proving having a prima facia case. I believe now the judge will rule on my counterclaims and award me money. MY concern is if the plaintiff appeals what is the procedure?
Answered in 13 hours by:
4/3/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,425
Experience: Licensed to practice before state and federal court
Verified

Hello. Thanks so much for requesting me. I signed off before you sent this message yesterday. Generally, if they are going to appeal, they have to draft up the reason for their appeal, file it, and serve a copy of the appeal documents on you. The appeals court will then make a decision on whether to grant the appeal. The court will look at whether the lower court made any errors in the law and make its decision thereafter. If you click here, you can see the basics for their state.

What other questions did you have for me today?

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Customer reply replied 4 months ago
If the appeal is denied does the judgement then stand and she has to pay me or can she continue to appeal?
Also how long generally does the original appeal process take roughly? thanks

Yes. If the appeal is denied, the judgment stands and they have to pay you. They couldn't appeal to a higher court on the issue. In your state, appeals can take a long time to be reviewed since there are so many, but I have seen that it can take up to six months, but usually much faster.

Did you have any other questions at all for me today?

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Customer reply replied 4 months ago
thank you so much my only concern is this client has owed me this money for 10 years and has refused to pay and she has the funds to continue to litigate so I wanted to know if there is any other method she can use to not pay her judgement it was a bench trial no jury so I am hoping the appeals court will deny her appeal since her case was thrown out by the judge
Customer reply replied 4 months ago
is it difficult to answer an appeal since my lawyer has not responded

I understand. The only other thing she could do to get out of this is file bankruptcy, but that has its own set of issues and I couldn't tell you whether they're likely to do so and there's no guarantee that their bankruptcy petition would be approved. If you've been given a judgment and if there are no issues with the law that was applied, then you should be A-ok.

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Customer reply replied 4 months ago
thank you again so much

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Customer reply replied 4 months ago
if I need help to write a brief can you or any other lawyer here help me?

Possibly. Because you live in NY, I wouldn't be able to help you; however, a NY-licensed attorney here may be able to assist:-)

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,425
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
thanks

You bet!

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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.

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