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Appeal

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ckyiu516

Member
What is the name of your state (only U.S. law)? California

The judge had made his judgement but he said I have the right to appeal it within 90 days. Is it possible to extend that 90 days before I make a decision?

Thanks
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? California

The judge had made his judgement but he said I have the right to appeal it within 90 days. Is it possible to extend that 90 days before I make a decision?

Thanks
Possibly. What's the reason for the extension?
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? California

The judge had made his judgement but he said I have the right to appeal it within 90 days. Is it possible to extend that 90 days before I make a decision?

Thanks
Even if it were possible, it's not worth it. It will take you more work to convince the judge to grant you an extra 90 days than it would take to just appeal the decision in the first place.
 

ckyiu516

Member
I cannot decide because my case had a lot of issues. My former attorney did not submit bunch of documents so the judgement came out wrong. I brought the complaints back to the judge on the reserved issues and he came back with the same judgement. He said I can appeal within 60 days.
 

LdiJ

Senior Member
I cannot decide because my case had a lot of issues. My former attorney did not submit bunch of documents so the judgement came out wrong. I brought the complaints back to the judge on the reserved issues and he came back with the same judgement. He said I can appeal within 60 days.
You either appeal within the deadline, or you give up on the issues. Its that simple.
 

Bali Hai

Senior Member
I cannot decide because my case had a lot of issues. My former attorney did not submit bunch of documents so the judgement came out wrong. I brought the complaints back to the judge on the reserved issues and he came back with the same judgement. He said I can appeal within 60 days.
Let me guess, you are the husband, correct?
 

mistoffolees

Senior Member
I cannot decide because my case had a lot of issues. My former attorney did not submit bunch of documents so the judgement came out wrong. I brought the complaints back to the judge on the reserved issues and he came back with the same judgement. He said I can appeal within 60 days.
Sorry, but 'I can't make up my mind on what I want' is not acceptable grounds for an extension.

You were already given a generous time period - use it well.
 

ckyiu516

Member
No I am the wife. I actually discover that my attorney and my previous attorney did things the wrong way and some things intentionally. I am filing a complaint to the Statebar of California to get some help because I am limited in language and resource. I am hoping that Statebar can give me some advice and look over this matter. The issues include fake documents, purposely giving important court documents to my attorney last minute before set court dates so that my attorney cannot look over them. I am frustrated, I feel cheated.
I felt that the outcome from the Final Judgement would be different had the judge knew that they were making phony documents.

Thanks everyone
 

mistoffolees

Senior Member
No I am the wife. I actually discover that my attorney and my previous attorney did things the wrong way and some things intentionally. I am filing a complaint to the Statebar of California to get some help because I am limited in language and resource. I am hoping that Statebar can give me some advice and look over this matter. The issues include fake documents, purposely giving important court documents to my attorney last minute before set court dates so that my attorney cannot look over them. I am frustrated, I feel cheated.
I felt that the outcome from the Final Judgement would be different had the judge knew that they were making phony documents.

Thanks everyone
Then it's a simple matter:

1. Is the amount that you think would change big enough to cover the chances of appeal?

2. Can you PROVE your allegations? Or is it simply that you don't think that there was enough time or that you're not comfortable with the documents?

3. If the documents had been provided earlier and/or if the court had received accurate documents, can you prove that the judgment would have been different?

If a large amount of money is involved and you can prove that they falsified documents and that it would have made a difference, then appeal.

If the answer to any of those is 'no', then drop it.
 

ckyiu516

Member
Thanks for your advice mistoffolees!

I have all the documents that I found that the other attorney falsified and slip into the box of documents at the Records department where the County Court House is. Just this one page of documents show that my ex had a gambling problem that the Judge did not know about. This page represents gambling debts. In Calf, our debts are consider community property? So if thats true, he is hiding his gambling debt and I dont want to be responsible for his gambling problem. I believe that if the Judge knew that problem, the outcome would be different. He made all his statements transaction description to "Transfer to Cash" but these transaction were all made inside casinos.
I really appreaciate all the help here!!!But I need help!! I am not a woman with lots of money, I just dont want to be cheated and lied to. I provided everything to the court to make this a fair and smooth divorce and the other party falsified documents and delay the case time after time. It cost me more money, time and stress. Is there a place that provides free consultation so I can speak to an attorney?

Thank you everyone!!!

Sincerely
 

tranquility

Senior Member
An "appeal" actually transfers jurisdiction to an appellate court. If the proper steps are not taken within the time periods, the appellate court does not get jurisdiction. The time for appeal is set by law. While there are certain excuses the lower court can accept to extend the time, not being sure is not one of them. Blowing a deadline to appeal will stop your case in almost all instances.

If you truly have new information which was not considered, you might move for the court of original jurisdiction for a reconsideration. At least you'd have a chance there.
 

mistoffolees

Senior Member
Thanks for your advice mistoffolees!

I have all the documents that I found that the other attorney falsified and slip into the box of documents at the Records department where the County Court House is. Just this one page of documents show that my ex had a gambling problem that the Judge did not know about. This page represents gambling debts. In Calf, our debts are consider community property? So if thats true, he is hiding his gambling debt and I dont want to be responsible for his gambling problem. I believe that if the Judge knew that problem, the outcome would be different. He made all his statements transaction description to "Transfer to Cash" but these transaction were all made inside casinos.
I really appreaciate all the help here!!!But I need help!! I am not a woman with lots of money, I just dont want to be cheated and lied to. I provided everything to the court to make this a fair and smooth divorce and the other party falsified documents and delay the case time after time. It cost me more money, time and stress. Is there a place that provides free consultation so I can speak to an attorney?

Thank you everyone!!!

Sincerely
I think you're going to find that none of that is particularly relevant.

He is an adult and legally able to gamble - whether you like it or not. Frankly, if he withdrew $xxxx per week, it doesn't matter whether he bought liquor, gambled, spent it on gasoline and drove around all night or burned it with a match. So the fact that he spent that money on gambling is not 'falsifying documents' as you've asserted.

If he presented false financial documents to the court, that would be a different matter.

CA is Community Property, so you do get 1/2 of the debt. I don't recall any exception for "I don't like what my stbx did with the money".
 

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