even though i ...
Even though I view this as a malicious challenge, based on your prior postings.But, I will respond.
The information I pass on, on these boards is based on my personal research and experiences. Those based on research, I generally have material on hand to support my position. Those that are based on experience come from personal experiences in the law and from years of service as a deputy sheriff, corrections officer, and bailiff in the courts of my county. However this particular information was dispensed from my personal experiences. Thus the "been there and done that" quote. Even down to the marriage of the same lady twice, that was also from personal experience. Therefore I was going only by what I had been told by my attorney and by the family and probate judge of this county at the time these incidents took place.
The attorney in reference to the divorce cases competently warned me of the 30-day appeal period pointing out that, I should refrain from getting remarried or making any major purchases until the 30-day period had passed. The period began the date the judge signed the final judgment.
I can point out, a family and probate court case in this county where by this rule was applied, by me personally.
On October 2 1991 my wife and myself appeared before the family and probate judge of this county. We signed a final order of stepparent adoption, in which the judge signed and entered into record.
On October 14th the new birth certificates arrived by mail, listing myself as the father, and legally changing the children’s last names to mine.
On about October 16th my wife figured she had it all cemented into place. With the birth certificates in hand, she advised me she was in love with another and for me to "hit the road and send the child support“.
I immediately approached the family and probate judge that signed the order into effect. He reminded me of the 30-day appeal period, and advised me to get some sort of paperwork into his court and he would get me out of the adoption. But to hurry, as I didn't have much time left until the deadline Also he strongly urged me to present evidence at the next grand jury session to seek fraud charges.
(I actually did not do that, as I was only too happy to be out of the adoption. As long as she signed all the papers freeing me from it, and the marriage, I let it slide.)
On October 21 st an order was issued setting aside the final order of adoption. This up to that point was a heretofore unheard of incident in this county.
Ok now had my x-wife known about this thirty-day rule she certainly would have held her peace another two plus weeks. At which time the adoption record would have been sealed. And I now would only have 15 more months of child support, left to pay. This is all on file at the county courthouse. Plus, I must keep a copy handy with me, any sort of paperwork snafu could show me owing child support.
Ok so now you have personal experience an a bit of case law. As I said in my space at the bottom of my posts, never use he said or she said statements, use those statements to find the basis in the official law books, and case law.
So you ask for "authorities". I sort of expected the viewer to do his own research, or else provide an avenue to explore when the viewer did see an attorney.
But just this once I will look it up and provide documentation. But I will not make a habit of it. I do expect someone with as many posts as you to be able to look it up personally
One mistake I must admit I forgot to point out that this opinion was based on experiences in Tennessee state law and the law of his state may vary somewhat.
Maybe I need to add that to the disclaimer at the bottom of my posts. Just as a precaution.
Not having actually questioned the attorney about the authorities for his standing I can only offer the following exerts from the Tennessee rules of court/civil edition as it appears on the website of the supreme court of this state. It is my opinion that these rules are the authority in which the attorney based his warning.
59.01. Motions Included. — Motions to which this rule is applicable are: (1) under Rule 50.02 for judgment in accordance with a motion for a directed verdict; (2) under Rule 52.02 to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (3) under Rule 59.02 for a new trial; or (4) under Rule 59.04 to alter or amend the judgment. These motions are the only motions contemplated in these rules for extending the time for taking steps in the regular appellate process. Motions to reconsider any of these motions are not authorized and will not operate to extend the time for appellate proceedings. [As amended by order entered January 31, 1984, effective August 20, 1984, by order entered January 23, 1986, effective August 1, 1986, and by order entered January 28, 1993, effective July 1, 1993.]
59.02. Time for Motions. — A motion for new trial and all other motions permitted under this rule shall be filed and served within thirty (30) days after judgment has been entered in accordance with Rule 58. [As amended by order entered January 31, 1984, effective August 20, 1984, and by order entered January 23, 1986, effective August 1, 1986.]
Further this rule is cited in particular as the basis for the appeal of the final adoption order.
60.02. Mistakes —Inadvertence —Excusable Neglect —Fraud, etc. — On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (3) the judgment is void; (4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that a judgment should have prospective application; or (5) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1) and (2) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this Rule 60.02 does not affect the finality of a judgment or suspend its operation, but the court may enter an order suspending the operation of the judgment upon such terms as to bond and notice as to it shall seem proper pending the hearing of such motion. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding, or to set aside a judgment for fraud upon the court. Writs of error coram nobis, bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
I hope this satisfies your "challenge". I will not debate the points with you I have better things to do, than to sit here and argue frivolous points with someone, who is obviously attempting to engage me in a pointless argument for the purpose of aggravation.
