Real Estate Law
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if a judge disregards XXXXX XXXXX demand of a stay of execution is that an abuse of discretion is there any case law that shows that?
example if you stated i would like to proffer and the court says not now, the court proceeds the party says you have not read my motion yes i did i over ruled you goes on with the the hearing at the end the party says i demand a stay of execution so that i can appeal but he passed the order any way
right, but is it in a judges discretion to summarily disregard a request for a stay pending an appeal?
want to ask you a question i was reading a case law were it cites a case law but afterwords it says omitted and emphasis added what does that mean?
does it mean that the citation is no longer in standing, do you have any case laws that speaks on rule 60 b being a safeguard for due process, or civil cases speaking on rules that are safeguards of due process.
ok, enjoy your trip, i was just thinking if that would be good to use in my brief as the rule being viewed as such, i took it from the Boston university of law journal volume 15, but i didn't no if it would be recognized universally as sound ?
esq. adams can you through this in the search engine and see if any case comes up explaining it i took it out of blacks law : De simillbus idem est judicandum
i wanted to use it for an example of equality under the law if one is held to a rule then all must be held to the same rule
so it may not have standing, even if its found in blacks law dictionary
last question in ohio they have statutes that govern reallocation of parenting rights example: 3109.04, however; it doesnt mention any actual stipulation on the residential parent intent to relocate. Statute 3109.051(G)(1) states: If the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court, the parent shall file a notice of intent to relocate with the court that issued the order or decree. However; I've read in a citation that the intent of the statute was for married couples and the use of it contrary to that would be misplaced. Due to the fact that custody matters are judicial they should be govern by statutes of law correct. So if a judgment is issued that states: "the legal custodian shall file a notice of intent to relocate with this court prior to moving from the jurisdiction of this court", this would rule that governs the party's and also doesn't it have to have its finding in law or a statute, but; there is no verbiage found like this in the statutes except 3109.051, so in that instance would it be appropriate to use or not?
ok, what do think about this, in the judgment entry it doesn't articulated any statute just that verbiage aforementioned, so does the common law of the judge have to be based on substantial law?
so in a case like i mentioned when the language is off a word or so but clearly states "shall file a notice of intent to relocate" and no other statute has stipulations in it with that language pertaining to that topic but 3109.051(G)(1) it can be greatly inferred that this is the foundation of the rule of that court, how would you defend it when its vague
no, i mean present it to support your claim, if a parent moved and has relocated and has not informed the other party of whereabouts of children in a year, but the the judgment stated what i mentioned earlier, which in all the forms by the courts here for intent to relocate state pursuant to R.C. 3109.051, they haven't promulgated any other rule besides that, this would lead one to believe that do to the language in judgment entry this was the governing rule?
but if a judge stated that in the entry and now your trying to show that the other party has not abided by this rule the has to be supported by something because judges are not the law nor do they make the but orate it, correct; so how could you find the bases of that rule or how would you present it to a tribunal that this was the rule and this is the law that supports it?
let explain it to you better the aforemention order came down from a court subsequently one parent disappeared and remove children from the last school with no new address after 5 months one party's files a complaint stating the parent has moved and has not seen children in 5 months the complaint comes back return to sender certified at which time service through publication was made next month a reply comes from court stating that the party was not served properly perfect service or case dismissed however the first party never gave notice of intent to relocate which was a part of the order, also the complaint went to both address before it was returned to sender, so it would be impossible for the person to ascertain the whereabouts besides the regular due diligence to obtain that information which is put in the affidavit for publication.
what im saying is would that apply a person can know what he has been told or what in the record, let if you in a hearing a a judge tells you that there are other matters pending and they have been set for another date, at that point in law are you responsible for knowing and acting accordingly to those matters that were mentioned?
in law would that count as service or notice because notice does not have to be written correct?
not literally make an order but the party's that there is a pending matter and that it has been set at a later date
ok so that goes back to my original question if a party mentioned an address at a hearing but they never gave notice to the clerk of a change of address is that considered notice of change of residence
it was mentioned when the party was asked and they gave an address however, in the case log or summary that shows the cases the party's address has never changed nor is there any entry of a notice to change the address in the clerks records, it also shows that the service was sent out to the original address for that hearing, also please i want you to bear with me here, the complaint was filed two months before hand, if the court changes mid stream on there own, whith out the party saying i wasn't service couldn't that bias and have an retroactive effect on the plaintiff substantive due process rights for remedy if the has been injured? also service was completed by publication. please reply
what im saying is you know how a statute is repealed but that statute gave someone a substantive right of remedy if the court goes back retroactively it can prevent them from a right that existed
what do you mean when you say if the address the address provided by the other party was used to issue notice, at what time are you speaking? at the hearing or in the record, by the way what is that called summary of cases sheet
you are my brothaaaaa, thats what i understand, one more question if the courts says party was not serviced properly, would they have to produce an address or they don't have to mentioned it or the correct address, would that be an issue or not
not the court correct? meaning the trier without any facts
is their a rule for that that i can reference
thank you allot! i found this
Address and Telephone Numbers Unless the Court orders otherwise, each parent must keep the other informed of his or her current address and telephone number, and an alternate telephone number in the event of an emergency.
would this be subject to statutes I.E. they are over ruled by them
by the local rules, up in the text it stated :
Parenting Time Presumption The following presumptions apply to all parenting time orders:
does that mean the entry doesn't have to say it this rule applys