MdeLaureano
Junior Member
What is the name of your state?Utah.
Where can I find a list of reasons for filing an appeal on a judgment?
Where can I find a list of reasons for filing an appeal on a judgment?
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
Reasons for Appealing
- Thread starter MdeLaureano
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
http://www.utcourts.gov/courts/appell/
try this
just remember YOU may be responsible for their costs
try this
just remember YOU may be responsible for their costs
BelizeBreeze
Senior Member
There are very few reasons for an appeal to be heard.
Two of them are ineffective council and mistake of law.
So, without knowing the facts of your judgement, there's no way to give a definate answer.
Two of them are ineffective council and mistake of law.
So, without knowing the facts of your judgement, there's no way to give a definate answer.
badapple40
Senior Member
BelizeBreeze said:
Ineffective assistance is ONLY in a criminal matter, and is the most often brought up and the most rarely won.
Errors of law are one of the easiest claims to bring (if true) because of the standard of review.
You can also raise evidentiary issues (improperly admitted or excluded evidence), governed by "abuse of discretion," a hard standard to win on,
Or can bring up procedural issues that were lost, like not granting a continuance (abuse of discretion), improper notice (de novo as to legal conclusions, clearly erroneous as to facts).
If your appeal consists of the judge/jury believing the other side over you, and both sides presented competent evidence, you will lose, as the evidence is viewed in the light most favorable to the prevailing party.
As BB said, it is hard to know or advise you whether to appeal without knowing what happened at trial.
MdeLaureano
Junior Member
More Questions
Utah. Do mistakes of law have to be on the part of the Judge or do mistakes on my part qualify as a reason to appeal? I 'checked out' the recommended website; but didn't find the code/rules that I believe you have to quote in the appeal (as for the reason(s) for appealing).
Note: In the Court hearing, the Judge didn't grant the opposing party's Motions to Dismiss and Strike (my filings). He said he would read my papers before making a decision. The crux of the opposing party's argument is that I never signed trust deed and note. However, I found a legal precedent(sp) that owner finance options are still valid, even after expiring, if the owners continue to accept payments; and many times I wrote that I wanted to buy. Yet, my legal filings are full of mistakes (due to lack of legal knowledge) so I want to be prepared if the Judge grants their motions. My only income is Disability and I no longer have any valuable assets, so I'm really not worried about having to pay their costs, however, I am concerned about needing to post a bond to file an appeal. Do they make exceptions if you are financially destitute?
Of Note: The opposing part is a real estate agent and his brother, an attorney. I found out that he is an Ass't Attorney General; and I have proof of perjury on their part and "intent to fraud".
Utah. Do mistakes of law have to be on the part of the Judge or do mistakes on my part qualify as a reason to appeal? I 'checked out' the recommended website; but didn't find the code/rules that I believe you have to quote in the appeal (as for the reason(s) for appealing).
Note: In the Court hearing, the Judge didn't grant the opposing party's Motions to Dismiss and Strike (my filings). He said he would read my papers before making a decision. The crux of the opposing party's argument is that I never signed trust deed and note. However, I found a legal precedent(sp) that owner finance options are still valid, even after expiring, if the owners continue to accept payments; and many times I wrote that I wanted to buy. Yet, my legal filings are full of mistakes (due to lack of legal knowledge) so I want to be prepared if the Judge grants their motions. My only income is Disability and I no longer have any valuable assets, so I'm really not worried about having to pay their costs, however, I am concerned about needing to post a bond to file an appeal. Do they make exceptions if you are financially destitute?
Of Note: The opposing part is a real estate agent and his brother, an attorney. I found out that he is an Ass't Attorney General; and I have proof of perjury on their part and "intent to fraud".
S
seniorjudge
Guest
Q: Do mistakes of law have to be on the part of the Judge or do mistakes on my part qualify as a reason to appeal?
A: The judge.
Q: I 'checked out' the recommended website; but didn't find the code/rules that I believe you have to quote in the appeal (as for the reason(s) for appealing).
A: http://www.utcourts.gov/courts/appell/prose.htm
You need to spend a lot of time on this site.
Q: In the Court hearing, the Judge didn't grant the opposing party's Motions to Dismiss and Strike (my filings). He said he would read my papers before making a decision.
A: Then after he read your papers, he made a decision against you, right?
Q: The crux of the opposing party's argument is that I never signed trust deed and note.
A: Huh? Was a mortgage and note signed? Was there forgery? What are you talking about?
Q: However, I found a legal precedent(sp) that owner finance options are still valid, even after expiring, if the owners continue to accept payments; and many times I wrote that I wanted to buy.
A: Ah! Are you saying you wanted to buy some land and made payments on it and you didn't get the land?
Q: Do they make exceptions if you are financially destitute?
A: Ask the court clerk.
Q: Of Note: The opposing part is a real estate agent and his brother, an attorney. I found out that he is an Ass't Attorney General; and I have proof of perjury on their part and "intent to fraud".
A: Relevance? Facts? Proof? What are you talking about?
A: The judge.
Q: I 'checked out' the recommended website; but didn't find the code/rules that I believe you have to quote in the appeal (as for the reason(s) for appealing).
A: http://www.utcourts.gov/courts/appell/prose.htm
You need to spend a lot of time on this site.
Q: In the Court hearing, the Judge didn't grant the opposing party's Motions to Dismiss and Strike (my filings). He said he would read my papers before making a decision.
A: Then after he read your papers, he made a decision against you, right?
Q: The crux of the opposing party's argument is that I never signed trust deed and note.
A: Huh? Was a mortgage and note signed? Was there forgery? What are you talking about?
Q: However, I found a legal precedent(sp) that owner finance options are still valid, even after expiring, if the owners continue to accept payments; and many times I wrote that I wanted to buy.
A: Ah! Are you saying you wanted to buy some land and made payments on it and you didn't get the land?
Q: Do they make exceptions if you are financially destitute?
A: Ask the court clerk.
Q: Of Note: The opposing part is a real estate agent and his brother, an attorney. I found out that he is an Ass't Attorney General; and I have proof of perjury on their part and "intent to fraud".
A: Relevance? Facts? Proof? What are you talking about?
MdeLaureano
Junior Member
More Info
I just now got the ruling from the judge. He granted the opposing party's request for a summary judgment because I failed to state a claim upon which relief could be granted. I understand "summary judgment" but I don't know how to appropriately state a "claim upon which relief can be granted". PLEASE ADVISE. Also, he only ruled this on my original claims of harassment and discrimination.
The judge did make a mistake in his ruling. The opposing party said that twice I didn't make "timely payments", (twice I only made partial pmt on the 1st, but paid in full before month's end). The judge misunderstood this and stated in his ruling, that I did NOT pay rent (false) and thus the opposing party had reason to file a "Illegal Detainer" against me. IS THIS A MISTAKE IN LAW?
I entered into a lease-to-purchase with owner finance option. When I exercised my owner finance option, the owner tried to make me sign unconscionable trust deed and note (full of clauses allowing him to force me to give him back the property whenever he wanted). Then the owner agreed to an extension of my orignal lease and option for one year. He said he'd do this in writing, but instead he sold the house to someone else. At first, new owners said they would honor my owner finance option until they found out I was on disability, then they said "No way"; and then denied knowledge of my oral lease extension and tried to make me sign away my rights by threatening to evict me if I didn't. I didn't sign. When the extension expired, they started eviction proceedings against me. (In one of their exhibits, they state that I didn't have an extension and then in another -- a year later -- they admit that they knew about it.)
RE: Perjury and Fraud: They lied in their affidavits and in their legal filings. I have proof that they lied; and their lies proof "intent to fraud". What can be done about this?
Because I found that legal precedent that my owner finance option was still in effect, after agreement expired, because the owners accepted my payments (that were designated house payments), I believe I have a case for Breach of Contract, or perhaps a complaint for conveyance of land. WHAT DO YOU THINK? Also, WOULD I BE BETTER OFF FILING COMPLAINTS FOR THESE THINGS THAN APPEALING ORIGINAL COMPLAINT?
Also, the judge said that I might have a claim on "First Right of Refusal". I can't find any laws on this for my state; however, I've found internet sites where lawyers have stated that lease-to-purchase agreements give "exclusive purchase rights"; however, I've never been able to find the legal reference for this. PLEASE ADVISE.
THANK YOU. You people are the light at the end of the tunnel. You've brought me hope!!
I just now got the ruling from the judge. He granted the opposing party's request for a summary judgment because I failed to state a claim upon which relief could be granted. I understand "summary judgment" but I don't know how to appropriately state a "claim upon which relief can be granted". PLEASE ADVISE. Also, he only ruled this on my original claims of harassment and discrimination.
The judge did make a mistake in his ruling. The opposing party said that twice I didn't make "timely payments", (twice I only made partial pmt on the 1st, but paid in full before month's end). The judge misunderstood this and stated in his ruling, that I did NOT pay rent (false) and thus the opposing party had reason to file a "Illegal Detainer" against me. IS THIS A MISTAKE IN LAW?
I entered into a lease-to-purchase with owner finance option. When I exercised my owner finance option, the owner tried to make me sign unconscionable trust deed and note (full of clauses allowing him to force me to give him back the property whenever he wanted). Then the owner agreed to an extension of my orignal lease and option for one year. He said he'd do this in writing, but instead he sold the house to someone else. At first, new owners said they would honor my owner finance option until they found out I was on disability, then they said "No way"; and then denied knowledge of my oral lease extension and tried to make me sign away my rights by threatening to evict me if I didn't. I didn't sign. When the extension expired, they started eviction proceedings against me. (In one of their exhibits, they state that I didn't have an extension and then in another -- a year later -- they admit that they knew about it.)
RE: Perjury and Fraud: They lied in their affidavits and in their legal filings. I have proof that they lied; and their lies proof "intent to fraud". What can be done about this?
Because I found that legal precedent that my owner finance option was still in effect, after agreement expired, because the owners accepted my payments (that were designated house payments), I believe I have a case for Breach of Contract, or perhaps a complaint for conveyance of land. WHAT DO YOU THINK? Also, WOULD I BE BETTER OFF FILING COMPLAINTS FOR THESE THINGS THAN APPEALING ORIGINAL COMPLAINT?
Also, the judge said that I might have a claim on "First Right of Refusal". I can't find any laws on this for my state; however, I've found internet sites where lawyers have stated that lease-to-purchase agreements give "exclusive purchase rights"; however, I've never been able to find the legal reference for this. PLEASE ADVISE.
THANK YOU. You people are the light at the end of the tunnel. You've brought me hope!!
First, some of the others posters are much more knowledgeable than I- I am a semi-taught pro se.
Summary Judgment- judgment as a matter of law-
simply means they had a legal right to judgment
In what I understand your case to be- they got your case dismissed?
Seems like you were buying real estate under some kind of contract??
didn't sign deeds or whatever?
If you made payments that were accepted did you have a contract?
oral contracts= worth the paper they are written on
Better to re-file than appeal!!!!<- been there
Perjury? Does it matter? Probably not- sad to say
Fraud? Maybe. Did this fraud affect the ruling? Can you absolutely (100%) prove it?
Stick with your real estate claims.
Find a law that applies and that was broken-
Then find a remedy that applies-
'relief upon . . . .'
Sue on everything AND that law. This is your "claim upon which relief can be granted"
You have to give the Court a door.
Use Google and search for your particular causes (claims).
Here are some good free ones:
Start here -> http://www.utcourts.gov/resources/rules/
http://www.utcourts.gov/howto/landlord/
http://www.lexisone.com/lx1/caselaw/freecaselaw?action=FCLDisplayCaseSearchForm&l1loc=L1E
http://www.findlaw.com/11stategov/ut/laws.html
There are many more
Try to find cases from your home state that are helpful to you. Also read the ones that aren't! You need to know what both sides are.
Are to being poor- look into 'forma pauperis'
http://www.utcourts.gov/resources/rules/urap/forms/form_3.pdf
(first time I heard of this- impecuniosity)
Wow, what a word.
You may have a tenant dispute as well? Look into these sites and see what 'grabs' you. Remember above all else to not take things personal (easy to say). Judges will generally do the right thing if you help them. They will not throw you life-vests. Learn the basics behind what you have and what you want to accomplish.
Right of First Refusal
http://www.google.com/search?sourceid=navclient&ie=UTF-8&rls=RNWE,RNWE:2004-32,RNWE:en&q=right+of+first+refusal
USE Google!!!!
This Judge just threw you a big bone.
Grab it and see whaere it leads.
Summary Judgment- judgment as a matter of law-
simply means they had a legal right to judgment
In what I understand your case to be- they got your case dismissed?
Seems like you were buying real estate under some kind of contract??
didn't sign deeds or whatever?
If you made payments that were accepted did you have a contract?
oral contracts= worth the paper they are written on
Better to re-file than appeal!!!!<- been there
Perjury? Does it matter? Probably not- sad to say
Fraud? Maybe. Did this fraud affect the ruling? Can you absolutely (100%) prove it?
Stick with your real estate claims.
Find a law that applies and that was broken-
Then find a remedy that applies-
'relief upon . . . .'
Sue on everything AND that law. This is your "claim upon which relief can be granted"
You have to give the Court a door.
Use Google and search for your particular causes (claims).
Here are some good free ones:
Start here -> http://www.utcourts.gov/resources/rules/
http://www.utcourts.gov/howto/landlord/
http://www.lexisone.com/lx1/caselaw/freecaselaw?action=FCLDisplayCaseSearchForm&l1loc=L1E
http://www.findlaw.com/11stategov/ut/laws.html
There are many more
Try to find cases from your home state that are helpful to you. Also read the ones that aren't! You need to know what both sides are.
Are to being poor- look into 'forma pauperis'
http://www.utcourts.gov/resources/rules/urap/forms/form_3.pdf
(first time I heard of this- impecuniosity)
Wow, what a word.
You may have a tenant dispute as well? Look into these sites and see what 'grabs' you. Remember above all else to not take things personal (easy to say). Judges will generally do the right thing if you help them. They will not throw you life-vests. Learn the basics behind what you have and what you want to accomplish.
Right of First Refusal
http://www.google.com/search?sourceid=navclient&ie=UTF-8&rls=RNWE,RNWE:2004-32,RNWE:en&q=right+of+first+refusal
USE Google!!!!
This Judge just threw you a big bone.
Grab it and see whaere it leads.
MdeLaureano
Junior Member
Thanks
I am self taught, and not that good, on Internet use. I have spent a multitude of hours 'surfing the net' without finding as good as resources as members here have recommended. I appreciate all advice. Feel free to offer more.
I am thinking that I need to file a motion for a new trial, before trying to file an appeal. IS THIS CORRECT? This all started with the opposing party filing an Illegal Detainer, so I've been the Defendant. In a Motion for a New Trial, WILL I STILL BE THE DEFENDANT?
I've also been thinking that I shouldn't 'put all my eggs in one basket'. DO I HAVE TO FILE ALL MY CHARGES/CLAIMS AT ONCE? Such as if I file a claim for Breach of Contract and don't win, then file a claim for Intent to Fraud.
I filed, with the County Recorder's Office, a Notice of Interest in the property I was purchasing (and forced out of); I believe this keeps them from selling it (which is what they are trying to do). If this is true, then the longer I can keep the matter in Court, the better chance I have of getting them to settle with me. CORRECT? COMMENTS?
Again, a multitude of thanks for all the help.
I am self taught, and not that good, on Internet use. I have spent a multitude of hours 'surfing the net' without finding as good as resources as members here have recommended. I appreciate all advice. Feel free to offer more.
I am thinking that I need to file a motion for a new trial, before trying to file an appeal. IS THIS CORRECT? This all started with the opposing party filing an Illegal Detainer, so I've been the Defendant. In a Motion for a New Trial, WILL I STILL BE THE DEFENDANT?
I've also been thinking that I shouldn't 'put all my eggs in one basket'. DO I HAVE TO FILE ALL MY CHARGES/CLAIMS AT ONCE? Such as if I file a claim for Breach of Contract and don't win, then file a claim for Intent to Fraud.
I filed, with the County Recorder's Office, a Notice of Interest in the property I was purchasing (and forced out of); I believe this keeps them from selling it (which is what they are trying to do). If this is true, then the longer I can keep the matter in Court, the better chance I have of getting them to settle with me. CORRECT? COMMENTS?
Again, a multitude of thanks for all the help.
S
seniorjudge
Guest
Q: I am thinking that I need to file a motion for a new trial, before trying to file an appeal. IS THIS CORRECT?
A: Read the rules I linked you to; most states require a motion for new trial before filing an appeal, but check your state's rules.
Q: This all started with the opposing party filing an Illegal Detainer, so I've been the Defendant. In a Motion for a New Trial, WILL I STILL BE THE DEFENDANT?
A: Yes; in the court of appeals, you will be the appellant.
Q: I've also been thinking that I shouldn't 'put all my eggs in one basket'. DO I HAVE TO FILE ALL MY CHARGES/CLAIMS AT ONCE?
A: Yes, all of your claims should've been dealt with in the original trial; if you didn't file all of them, you've probably lost them.
Q: Such as if I file a claim for Breach of Contract and don't win, then file a claim for Intent to Fraud.
A: No, you can't do that.
Q: I filed, with the County Recorder's Office, a Notice of Interest in the property I was purchasing (and forced out of); I believe this keeps them from selling it (which is what they are trying to do). If this is true, then the longer I can keep the matter in Court, the better chance I have of getting them to settle with me. CORRECT? COMMENTS?
A: Probably...or make them more determined, one of the two.
A: Read the rules I linked you to; most states require a motion for new trial before filing an appeal, but check your state's rules.
Q: This all started with the opposing party filing an Illegal Detainer, so I've been the Defendant. In a Motion for a New Trial, WILL I STILL BE THE DEFENDANT?
A: Yes; in the court of appeals, you will be the appellant.
Q: I've also been thinking that I shouldn't 'put all my eggs in one basket'. DO I HAVE TO FILE ALL MY CHARGES/CLAIMS AT ONCE?
A: Yes, all of your claims should've been dealt with in the original trial; if you didn't file all of them, you've probably lost them.
Q: Such as if I file a claim for Breach of Contract and don't win, then file a claim for Intent to Fraud.
A: No, you can't do that.
Q: I filed, with the County Recorder's Office, a Notice of Interest in the property I was purchasing (and forced out of); I believe this keeps them from selling it (which is what they are trying to do). If this is true, then the longer I can keep the matter in Court, the better chance I have of getting them to settle with me. CORRECT? COMMENTS?
A: Probably...or make them more determined, one of the two.
I don't understand this 'notice of interest' thing.
Jury instructions http://www.utcourts.gov/lawlibrary/resources.asp
Find the ones applicable to you and use these as a guide on your complaint. These are the 'points' Courts look for. There are others to be sure, but these are very useful as an easy guide.
http://www.le.state.ut.us/Documents/code_const.htm Utah code- see what the black letter law is
(be sure and click 'state laws' before search)
Don't waste your time on appeal at this point. It will only frustrate you.
Re-hearing (remember NO new evidence) or bite the bullet and file a new suit (presuming your case was NOT dismissed WITH prejudice).
What did THEY did wrong?
Is there a statute?
If not, then is there case law?
If not forget it-
If so then what were the remedies?
(what is the cure)
IF you can re-file then use the wrongful claims (perjury to you) that they made as part of the claims you make.
((((remember I am no expert, pro se only))))
Think about a one page complaint. I have filed a few complaints and the 'one pager' has been just as good as the 10 pager.
Go to your court house and browse some other complaints. See how they are structured. What is claimed and what is wanted.
DON'T do anything stupid! Claim what you want, that's your right- but do not interfere with their use of the property. You get sued or get washed out because of interference with business claims.
Look at your complaint from their angle///
Jury instructions http://www.utcourts.gov/lawlibrary/resources.asp
Find the ones applicable to you and use these as a guide on your complaint. These are the 'points' Courts look for. There are others to be sure, but these are very useful as an easy guide.
http://www.le.state.ut.us/Documents/code_const.htm Utah code- see what the black letter law is
(be sure and click 'state laws' before search)
Don't waste your time on appeal at this point. It will only frustrate you.
Re-hearing (remember NO new evidence) or bite the bullet and file a new suit (presuming your case was NOT dismissed WITH prejudice).
What did THEY did wrong?
Is there a statute?
If not, then is there case law?
If not forget it-
If so then what were the remedies?
(what is the cure)
IF you can re-file then use the wrongful claims (perjury to you) that they made as part of the claims you make.
((((remember I am no expert, pro se only))))
Think about a one page complaint. I have filed a few complaints and the 'one pager' has been just as good as the 10 pager.
Go to your court house and browse some other complaints. See how they are structured. What is claimed and what is wanted.
DON'T do anything stupid! Claim what you want, that's your right- but do not interfere with their use of the property. You get sued or get washed out because of interference with business claims.
Look at your complaint from their angle///
MdeLaureano
Junior Member
To: Alias Joe
Utah. The title company told me to file a "Notice of Interest" on the house. I understand this to mean that I have an interest (financial) in the property. A para legal told me that this would keep them from being able to sell the house, as long as prospective buyers are smart enough to to a title search; if not, then their home owner's insurance will pay for any damages I'm awarded. Since, in the ruling, the judge said that I might have a "right to first refusal", this should keep the opposing party from removing my notice of interest. However, my state does not have automatic "right of first refusal" laws. The basis for my claim is that two "lease to purchase" web sites say that such agreements give the purchaser "exclusive purchase rights". I found these sites a year ago, since then, my computer was broke down for 6 months and I had to change IPS -- can't find the sites again, and they didn't give any legal source (to quote in court) to substatiate(sp) this claim. ANY ONE BETTER THAN ME AT SURFING THE WEB, IF YOU CAN FIND SUCH A LEGAL SOURCE . . . "Muchisimas Gracias".
OF NOTE: I'd really rather stay where I am than move back to the house I lost. However, I can buy the house I'm in; but it needs at least $10,000 in repairs and I need a $3,000 down payment. Also, I haven't been able to work since these legal hassles began. These people harassed me and threatened me for about a year before finally forcing me out of my home. My health suffered greatly. Anyway, I'm suffering greatly, can't even make ends meet any more. I'd really like to get enough of a financial settlement that I can afford to stay where I am and get on with my life.
I'd rather, if I can, just start the legal case new. When this law suit started, my computer wasn't working, and I was bed ridden ill from the stress, and I couldn't find my two law books, a legal dictionary and Utah Rules of Civil Procedure; so I hand wrote the papers and just wrote whatever I could think of to counter what the opposition was doing. Result: Lengthy, rambling, handwritten papers that judges don't want to read. The charges that the judge did a Summary Judgment on were harassment and discrimination (disability). Since then, I've realized that I should have filed a counter claim for Breach of Contract and Intent to Fraud. CAN I JUST FILE A NEW SUIT UNDER THESE CLAIMS?
P.S. I do know about Affidavits of Impecuniocity. I've used them in Small Claim and Divorce Court.
YOU PEOPLE ARE LIFE SAVERS!! I CAN NEVER THANK YOU ALL ENOUGH FOR YOUR HELP AND ADVICE.
Utah. The title company told me to file a "Notice of Interest" on the house. I understand this to mean that I have an interest (financial) in the property. A para legal told me that this would keep them from being able to sell the house, as long as prospective buyers are smart enough to to a title search; if not, then their home owner's insurance will pay for any damages I'm awarded. Since, in the ruling, the judge said that I might have a "right to first refusal", this should keep the opposing party from removing my notice of interest. However, my state does not have automatic "right of first refusal" laws. The basis for my claim is that two "lease to purchase" web sites say that such agreements give the purchaser "exclusive purchase rights". I found these sites a year ago, since then, my computer was broke down for 6 months and I had to change IPS -- can't find the sites again, and they didn't give any legal source (to quote in court) to substatiate(sp) this claim. ANY ONE BETTER THAN ME AT SURFING THE WEB, IF YOU CAN FIND SUCH A LEGAL SOURCE . . . "Muchisimas Gracias".
OF NOTE: I'd really rather stay where I am than move back to the house I lost. However, I can buy the house I'm in; but it needs at least $10,000 in repairs and I need a $3,000 down payment. Also, I haven't been able to work since these legal hassles began. These people harassed me and threatened me for about a year before finally forcing me out of my home. My health suffered greatly. Anyway, I'm suffering greatly, can't even make ends meet any more. I'd really like to get enough of a financial settlement that I can afford to stay where I am and get on with my life.
I'd rather, if I can, just start the legal case new. When this law suit started, my computer wasn't working, and I was bed ridden ill from the stress, and I couldn't find my two law books, a legal dictionary and Utah Rules of Civil Procedure; so I hand wrote the papers and just wrote whatever I could think of to counter what the opposition was doing. Result: Lengthy, rambling, handwritten papers that judges don't want to read. The charges that the judge did a Summary Judgment on were harassment and discrimination (disability). Since then, I've realized that I should have filed a counter claim for Breach of Contract and Intent to Fraud. CAN I JUST FILE A NEW SUIT UNDER THESE CLAIMS?
P.S. I do know about Affidavits of Impecuniocity. I've used them in Small Claim and Divorce Court.
YOU PEOPLE ARE LIFE SAVERS!! I CAN NEVER THANK YOU ALL ENOUGH FOR YOUR HELP AND ADVICE.
S
seniorjudge
Guest
Q: The title company told me to file a "Notice of Interest" on the house. I understand this to mean that I have an interest (financial) in the property. A para legal told me that this would keep them from being able to sell the house, as long as prospective buyers are smart enough to to a title search; if not, then their home owner's insurance will pay for any damages I'm awarded.
A: Wrong. Homeowner's insurance has nothing to do with this type of lawsuit.
Q: I'd rather, if I can, just start the legal case new.
A: You can't do this; you are stuck with what you already have.
A: Wrong. Homeowner's insurance has nothing to do with this type of lawsuit.
Q: I'd rather, if I can, just start the legal case new.
A: You can't do this; you are stuck with what you already have.
MdeLaureano
Junior Member
New Hearing
Utah. I am doing what research I can on my own. I understand that I can file a motion for a new trial. I also read that I can request to admit new evidence and new pleadings; but that I need "leave of court" to do so. HOW DO I TITLE THIS? Would it be a Motion to Admit New Evidence and Pleadings?
I believe I need to state a reason for asking for being able to do such. CORRECT? The truth is: The opposition harassing and threatening me and then forcing me out of my home caused me to suffer from severe stress and depression to the point that I became agoraphobic. I am under treatment of doctors for this, so I have proof. However, a Legal Services lawyer said that they never advice clients to claim mental incompentancy(sp). I am reluctant to do this, BUT MIGHT THIS BE MY ONLY CHANCE OF BEING ALLOWED TO REVISE/ADD TO MY PLEADINGS? WHAT CAN YOU SUGGEST ON A REASON FOR REQUESTING REVISAL?
Under a Findlaw website that came up under a search for "first option to buy" I found some very useful information, but haven't been able to find a legal source for the information. CAN YOU HELP PROVIDE THE SOURCE?
DO YOU KNOW HOW MUCH TIME I HAVE FROM JUDGEMENT DATE, TO FILE A MOTION FOR A NEW TRIAL?
Again, a thousand thank yous.
Utah. I am doing what research I can on my own. I understand that I can file a motion for a new trial. I also read that I can request to admit new evidence and new pleadings; but that I need "leave of court" to do so. HOW DO I TITLE THIS? Would it be a Motion to Admit New Evidence and Pleadings?
I believe I need to state a reason for asking for being able to do such. CORRECT? The truth is: The opposition harassing and threatening me and then forcing me out of my home caused me to suffer from severe stress and depression to the point that I became agoraphobic. I am under treatment of doctors for this, so I have proof. However, a Legal Services lawyer said that they never advice clients to claim mental incompentancy(sp). I am reluctant to do this, BUT MIGHT THIS BE MY ONLY CHANCE OF BEING ALLOWED TO REVISE/ADD TO MY PLEADINGS? WHAT CAN YOU SUGGEST ON A REASON FOR REQUESTING REVISAL?
Under a Findlaw website that came up under a search for "first option to buy" I found some very useful information, but haven't been able to find a legal source for the information. CAN YOU HELP PROVIDE THE SOURCE?
DO YOU KNOW HOW MUCH TIME I HAVE FROM JUDGEMENT DATE, TO FILE A MOTION FOR A NEW TRIAL?
Again, a thousand thank yous.
S
seniorjudge
Guest
Q: I also read that I can request to admit new evidence and new pleadings; but that I need "leave of court" to do so. HOW DO I TITLE THIS? Would it be a Motion to Admit New Evidence and Pleadings?
A: Sounds good to me; I doubt that this will be granted.
Q: I believe I need to state a reason for asking for being able to do such. CORRECT? The truth is: The opposition harassing and threatening me and then forcing me out of my home caused me to suffer from severe stress and depression to the point that I became agoraphobic. I am under treatment of doctors for this, so I have proof. However, a Legal Services lawyer said that they never advice clients to claim mental incompentancy(sp). I am reluctant to do this, BUT MIGHT THIS BE MY ONLY CHANCE OF BEING ALLOWED TO REVISE/ADD TO MY PLEADINGS? WHAT CAN YOU SUGGEST ON A REASON FOR REQUESTING REVISAL?
A: I don't think mental illness would be a good reason; if you didn't present all your stuff at the trial, I don't know how you could bring it up now.
Q: Under a Findlaw website that came up under a search for "first option to buy" I found some very useful information, but haven't been able to find a legal source for the information. CAN YOU HELP PROVIDE THE SOURCE?
A: No; I have no idea what the facts are in your case.
Q: DO YOU KNOW HOW MUCH TIME I HAVE FROM JUDGEMENT DATE, TO FILE A MOTION FOR A NEW TRIAL?
A: No, I do not. You will have to research this. Usually, it is extremely short; some places it is ten days.
A: Sounds good to me; I doubt that this will be granted.
Q: I believe I need to state a reason for asking for being able to do such. CORRECT? The truth is: The opposition harassing and threatening me and then forcing me out of my home caused me to suffer from severe stress and depression to the point that I became agoraphobic. I am under treatment of doctors for this, so I have proof. However, a Legal Services lawyer said that they never advice clients to claim mental incompentancy(sp). I am reluctant to do this, BUT MIGHT THIS BE MY ONLY CHANCE OF BEING ALLOWED TO REVISE/ADD TO MY PLEADINGS? WHAT CAN YOU SUGGEST ON A REASON FOR REQUESTING REVISAL?
A: I don't think mental illness would be a good reason; if you didn't present all your stuff at the trial, I don't know how you could bring it up now.
Q: Under a Findlaw website that came up under a search for "first option to buy" I found some very useful information, but haven't been able to find a legal source for the information. CAN YOU HELP PROVIDE THE SOURCE?
A: No; I have no idea what the facts are in your case.
Q: DO YOU KNOW HOW MUCH TIME I HAVE FROM JUDGEMENT DATE, TO FILE A MOTION FOR A NEW TRIAL?
A: No, I do not. You will have to research this. Usually, it is extremely short; some places it is ten days.
Find the Right Lawyer for Your Legal Issue!
Fast, Free, and Confidential
data-ad-format="auto">