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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I spoke with you earlier and you helped me. What motion can

Customer Question

I spoke with you earlier and you helped me. What motion can I file on an eviction to reopen the case if the judge handed down a ruling without grounds for giving the landlord possession?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Yes, I told you the name of the motion in the previous reply, A Motion to Vacate pursuant to Rule 60, since the case is closed, since you missed the time to appeal/file the appeal bond.
Did you have additional questions?
Customer: replied 2 years ago.
I went to attempt to do this and the clerk of courts advised me this cannot be done on a civil eviction case
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
That is the only other possible motion that can be filed. The only other motion you could file, which would not get the case reopened, would be a motion for a written of the facts and law from the judge, but if you missed the time to appeal, then that would do you no real good.
Customer: replied 2 years ago.
Is a temporary restraining order to stay or a stay of eviction the same thing as a rule 60?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
A temporary restraining order is not the same as a rule 60 motion to vacate. They will not stay eviction if the case is closed and you missed the time to appeal.
Customer: replied 2 years ago.
ok thank you
Expert:  Law Educator, Esq. replied 2 years ago.
You are welcome.