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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42840
Experience:  Texas Attorney for 30 years dealing in real estate
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I sued in a small claims court in NH a contractor who had fraudulently

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I sued in a small claims court in NH a contractor who had fraudulently substituted the lowest possible flooring material for the highest one we had agreed upon initially. The man had brazenly played on being a distant relative of our close friends to cheat me.
The central point of the case was whether the defendant presented the invoice to me on the day of completion of the job, or fabricated it considerably later, at least four months later, as a matter of fact, after he received the Notice on Hearing.
In spite of the testimony of my two witnesses, an expert, and material evidence, the judge appallingly believed the unsubstantiated statement by the defendant and accepted the fake invoice as genuine.
It needs to note that for the first time the "invoice" was flashed by the defendant at the mandatory mediation, but I was denied a copy of the paper. I promptly moved a motion for a forensic examination of the defendant's computer on the subject of the true date of creation of the file, but the judge denied the motion without explanation of the reason.
Next time, on my demand, the defendant produced the fake invoice at the hearing, and on the judge's order I was given a copy. Unfortunately, that happened close to the end of the hearing, and I could not examine the invoice properly. I did that only when working on the appeal. What I found could have played crucial role during the hearing: When fabricating the invoice, the scum did not remember the volume of the job he had done in my home, and, having failed to extract that information from the contractor who redid his mess in my home a fortnight later, he perpetrated two gigantic blunders indicating absolutely wrong figures of the working space.
I promptly moved a motion for rehearing based on the discovery of a fraud and enclosed six pieces of paper evidence (a good part of it had been presented to the court earlier) which proved beyond any doubt the fake nature of the invoice. A copy of the motion was also sent by me to the Supreme Court.
As for the latter, I received a reply very soon. The clerk informed me that, by the order of a Court judge, my appeal had been ordered pending until my motion was considered by the trial court.
Today, after about two weeks of waiting, I received a letter from the court, in which the judge ordered that "All orders of this court are stayed pending the outcome of the supreme court appeal".
Now, I'd like to get answers to the next questions:
1. What does that mean, and what can I expect? I'm not a lawyer, and the situation appears a bit weird to me: the judge could have evidently either denied my motion, or granted it. He, however, chose to wait. Wait for what? There might be only two decisions by the Supreme Court: either the appeal will be allowed, or dismissed. If the first is the case, the name of the game is clear. But what if there is dismissal? Does the current position of my judge imply that he might grant me rehearing the case even after that? Or does it just mean that, having denied me my motion outright, and my appeal allowed by the Supreme Court, the judge might find himself in an awkward position? What is it all about?
2 . May I use my pending motion in my appeal in any way?
Thank you.

RayAnswers :

Thanks for your questions and good evening.My sympathy here for your dilemma.

RayAnswers :

1. What does that mean, and what can I expect? I'm not a lawyer, and the situation appears a bit weird to me: the judge could have evidently either denied my motion, or granted it. He, however, chose to wait. Wait for what?

RayAnswers :

Answer: The judge appears to have granted a stay meaning no orders will be enforced pending your appeal and its outcome.The court leaves your motion pending again to see what the outcome of the appeal will be.

RayAnswers :

The judge defers ruling on your motion until the appeal has bee decided.He has not either over ruled here or granted you the motion.

RayAnswers :

You really would be appealing the original judgment raising any legal issues you may have in this matter.

RayAnswers :

This really is a good thing as it allows you to pursue your appeal while preserving a later ruling on your motion.It gives you two chances here to seek a better outcome.

RayAnswers :

You would proceed here with your appeal of the legal issues of the small claims judgment here hopefully you can win at the appellate level.You appear to have some good issues to raise here.

RayAnswers :

You might want to consider a local appellate lawyer to help with your appeal.

RayAnswers :

Here is lawyer referral for you.

RayAnswers :

It has been my pleasure to assist you tonight.Please let me know if you have more follow up.Thanks again.

Customer:

Thank you, RayAnswers.

RayAnswers :

You are welcome.There will be no enforcement while you appeal is pending because of the stay,If you can leave a positive rating it is much appreciated.Thanks again.

RayAnswers :

Good luck with your appeal.

Customer:

Oh, something has changed on this site in regard of composing and sending posts... So, there is an opportunity for me to get a rehearing after all, right? Still, why did the judge preferd to wait for the ruling of the Supreme Court?

RayAnswers :

Well he really wants to defer here to the higher court and see what their ruling is.He is taking the wait and see here with the stay to see if you can prevail.It is possible that you do so given the issues you mention.

Customer:

And the last question, RayAnswer. Having in mind very strong reasoning in my motion, may I use it in my appeal in any way?
Thank you

RayAnswers :

You can only appeal the judgment here and related issues.The motion itself is not part of the appeal because it has not been ruled on as you present it.

RayAnswers :

You can raise anything that occured in the hearing and the judgment.

RayAnswers :

Good luck here.

RayAnswers :

Thanks for the follow up.

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Thanks so much for letting me with your recent question.If you have another new question please post it for Ray and I will be happy to help.Thanks again for your rating as well.