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If an appeal is filed does it automatically go to Superior…

Customer Question
If an appeal is...

If an appeal is filed does it automatically go to Superior court. The judgement was already made in favor of the plaintiff.

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Arizona

Lawyer's Assistant: What steps have been taken so far?

First the plaintiff lives in Washington. So we are doing this over the phone. Yesterday an amount was decided on how much he was to pay while he is appealing. She is wanting to sell her property and he won't vacate. He believes that it is his.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just don't understand why he can do this when the deed is in her name. Everything else is hear say.

Submitted: 21 days ago.Category: Legal
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Answered in 2 hours by:
4/3/2018
Lawyer: Gerald, Esq, Lawyer replied 21 days ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,107
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. I am an attorney.

What state was the lawsuit filed in? Was it filed in Small Claims Court?

Who appealed the Plaintiff or the Defendant?

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Lawyer: Gerald, Esq, Lawyer replied 21 days ago

I'm sorry for the delay. Your question appears to have been in the wrong category. You are in the right place now.

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Customer reply replied 21 days ago
The lawsuit is in Arizona. I am not sure if it is small claims court. It is an eviction case. My mother owns property that my brother has been living in for free. She wants to sell the property. Sent him a letter in January giving him until 2/18. He did not leave so I filled out the forms and sent them to AZ. We had telephone court last Wednesday. The plaintiff (mom) won. The next day the court called to let me know he filed an appeal and had court on Monday to decide how much he was to pay until the next court date. I do not understand what is going on. I need to know so I can explain it to my 77 year old mother.
Lawyer: Gerald, Esq, Lawyer replied 21 days ago

Okay. Please bear with me while I prepare a response.

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Lawyer: Gerald, Esq, Lawyer replied 21 days ago

I'm sorry for the delay in responding. I was having a little trouble.

The eviction occurs in small claims court.

If there is an appeal it goes to Superior Court.

It does not matter who appeals the palintiff or the defendant - IF there is an appeal the Plaintiff (the person who filed the eviction) must start over with the Superior court. There will be a new trial at the Superior Court level.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 21 days ago
he can file even if the small claims court was in favor of the plaintiff because he has nothing that says she gave the house to him, Would you suggest I get a lawyer? Will I get paperwork with what I have to do? So it is my understanding then he can pay rent and stay until the next court date is that right? I don't get how this can happen. I am 55 years old and have never had to deal with the court system. I also can not speak. Which is frustrating because mother has problems that she needs to be guided. The first hearing notes said I was trying to be her lawyer. That is not true I was just helping her understand what was going on. Could he be filing the appeal because of that?
Lawyer: Gerald, Esq, Lawyer replied 21 days ago

Because of your limitations in regard to speach and your mother's problems you would be better getting an attorney.

It will be much better. You can find one here:

http://lawyers.findlaw.com/lawyer/practicestate/real-estate-law/arizona

Tell the attorney that there is a squatter in the property and they will not leave.

Good luck.

Kind regards,

Gerald

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