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What if your ex-boyfriend, which the system calls it common…

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What if your ex-boyfriend...

What if your ex-boyfriend, which the system calls it common law husband, after being together for 7 or more years, steals property from you and said that you've signed the deed over to him and the deed to this property has been in your name from the time it was bought(26 years)until the day you've finally was able to take it to court?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

PA

Lawyer's Assistant: Has any paperwork been filed?

Yes, right now I am trying to file an appeal.

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

I'm in search for a lawyer who might be able to help me!

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 8 minutes by:
11/21/2017
Real Estate Lawyer: Olivia Kent,
 replied 7 months ago
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 4,046
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.

What can I answer for you?

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Customer reply replied 7 months ago
I can type, it'll be fine to type.
Real Estate Lawyer: Olivia Kent,
 replied 7 months ago

What can I answer for you?

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Real Estate Lawyer: Olivia Kent,
 replied 7 months ago

The phone call requests are auto-generated. I'm fine with typing too.

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Customer reply replied 7 months ago
I'm directed by the courts to show cause as to why this appeal should not be dismissed for failure to preserve any issues for appellate review, when I was directed by the courts to file an Concise Statement of Errors Complained of on Appeal. Then I was directed by the courts to file a Docketing Statement with the Appellate court, only for the courts to tell me that I had to first file an Post-Trial Motion after the appeal date which was on September 25, 2017. Now I have ten days from 11/20/2017 to file this motion in order for the Appellate court to decide if they should or not dismiss my case. Can you give me your opinion on this matter?
Customer reply replied 7 months ago
I believe we were disconnected! Can you give me your opinion on this matter?
Real Estate Lawyer: Olivia Kent,
 replied 7 months ago
I’m sorry but I won’t be available for the next hour. Let me open your question to all of our experts.
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Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today. I see the other expert opted out.

1) Was there a trial on this matter?

2) If so, was it heard entirely by a judge or were there portions heard by the judge and portions heard by a jury?

3) Also, was there a court reporter present during the trial?

Please answer the above and number the answers to match the questions so I can be sure of the facts.

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Customer reply replied 7 months ago
Hello, yes there was a trial and there was no jury and there was a court reporter and I also ask the judge for an continuance so I can obtain a lawyer and he dismiss what I requested.
Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago

Usually the Court of Appeals sends a notice like a "Failure to Preserve Errors" when there was a trial but no court reporter. Do you know why they sent you the notice?

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Customer reply replied 7 months ago
There was a court reporter but they sent me this notice to Show Cause of why they shouldn't dismiss the appeal.
Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago

Did they say why they wanted to dismiss it though? Did you file a Notice of Appeal?

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Customer reply replied 7 months ago
They didn't dismiss it yet! They want me to file a Post-Trial Motion. When I appealed the judge's decision, he then asked me for an Concise Statement of Errors Complained of on Appeal, which then the Appellate court asked me for a Docketing Statement, and now they're asking me for a Post Trial Motion to Show Cause of why they shouldn't dismiss the appeal.
Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago

I understand they didn't dismiss it yet. However, what you are saying is that they are asking you why they shouldn't dismiss it. There are normally only a few reasons they would ask this, and I've gone over the most common ones with you and you indicated those are not the reasons. In order for me to be able to point you in the right direction I need for you to explain to me the reason they are inclined to dismiss the case.

A "Notice to Show Cause" means you didn't do something you were supposed to do. That, along with the request for a Concise Statement of Errors, means it is something fundamental to the case because your brief will list the errors.

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Customer reply replied 7 months ago
There saying that I didn't file the Post Trial Motion 10days after the judge's order, they asked me to file those other two statements before this Motion when they're telling me that I was suppose to file this Motion before anything. So, can you tell me why didn't they ask me for this Motion before the 2 statements?
Customer reply replied 7 months ago
Why would they in turn tell me that I didn't file this Post Trial Motion 10 days after the Court's ruling when they ask me for the other 2 statements?
Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago

I would guess someone just missed the fact that you didn't file a Motion for New Trial or one of the other motions which list the points of error. If one side files a Request for Findings of Fact and Conclusions of Law the judge will ask each party to draft a documents for them to review (which makes no sense). Yours makes a little more sense if, for instance, you didn't make any objections during trial because you waive many points of error if objections aren't made. By asking you for the Concise statement of Errors they are probably going to do a quick review of the record to see if you waived the error and, if so, then they may just dismiss the case or just review the case without oral argument.

The docketing statement is mandatory in some courts, it sounds like it is in yours, and if so a failure to file it can result in a dismissal although they normally give you at last one chance to correct the problem.

The statement of errors and the Notice to show cause will probably each list the same errors and you will also have to explain why you didn't file them without being told to do so.

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Customer reply replied 7 months ago
But I did have plenty of objections he kept over ruling them, and then he sort for a recess only to take other cases, then only to come back to render his decision, knowing that I didn't have a lawyer and he dismissed that and I also asked for a continuance so that I can get a attorney to represent me properly and he dismissed that as well.
Customer reply replied 7 months ago
The judge also offered for me to withdraw my complaint, he then allowed the defendants council to persuade him to move forward with the case and dismiss his opinion on what I should do.
Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago

If you made objections, whether they were the right ones or not, then the Court of Appeals should find that you preserved the error sufficiently for the appeal to move forward. The failure to grant a continuance is almost never grounds for a reversal on appeal but, again, if you did it properly then whether it is grounds to reverse isn't the issue, it should be sufficient grounds to hear the appeal.

As I said earlier, sometimes the clerks make mistakes on the dates, they miss filing dates, etc. so that may be why you are having to file these documents. The most obvious reasons are ones I've covered with you and you've said did not happen, so the only ones left that are "likely" is if the dates were missed or the filings had a problem and of those two, the most likely would be the date being missed.

At this point all you can do is file what they directed you to file and see what happens. What they should do is allow the appeal to proceed forward which means you file your brief, they file theirs, and then you potentially argue them in front of the Court of Appeals and they render a written decision within a few weeks.

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Real Estate Lawyer: Dwayne B., Attorney replied 7 months ago

I am about to go offline for an hour or so to give someone a ride to the airport. Will be back later this evening.

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