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  #76  
Old 02-25-2009, 12:27 PM
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Location: Catatonic State
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Ok, good luck. It appears the case is now closed.
  #77  
Old 02-25-2009, 02:44 PM
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Location: Missouri Ozarks
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Case is under advisement as of Case Net today. I wouldn't put too much into the other side being asked to present proposed findings. If he finds in OP's favor, it would essentially be status quo - fence stays up, etc.
  #78  
Old 02-25-2009, 09:29 PM
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Posts: 61

the wait begins, again


Hi Gang,
My attorney just emailed me and said he was able to get my case back on the docket for 3/23. So will give an update after that happens.

Thanks Woody,
  #79  
Old 02-26-2009, 12:12 PM
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ok, see you next month.
  #80  
Old 03-23-2009, 04:53 PM
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Posts: 61

You Aint gonna Believe this !!!!!


Hi Gang,

It is with a severe contempt for the justice system that I'm here to report that
Judge William L. Syler, Div I
Common Pleas Courthouse
44 North Lorimore Suite 2
Cape Girardeau Missouri 63701
Has ruled against us. He still has not cited any conclusion of law. Just said it is now a shared driveway that the plaintiff can use for ingress and egress. We have to start parking in the street now.
I fell a dangerous precedent has been set today. Someone can take your property for there own use and not have to pay you for it or pay for any maintenance on it either.
Thinking about appealing but the old fund bucket is getting low.
My respect for the legal system is at a all time low.

Woody,
  #81  
Old 03-23-2009, 08:10 PM
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Posts: 411
Bummer. I'm surprised given the description you gave. The good thing is appeals are relatively cheap.

Better for you that he gave no reasoning rather than strong reasoning.
  #82  
Old 03-23-2009, 08:37 PM
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Location: Catatonic State
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Quote:
Originally Posted by woodyga View Post
Hi Gang,

It is with a severe contempt for the justice system that I'm here to report that
Judge William L. Syler, Div I
Common Pleas Courthouse
44 North Lorimore Suite 2
Cape Girardeau Missouri 63701
Has ruled against us. He still has not cited any conclusion of law. Just said it is now a shared driveway that the plaintiff can use for ingress and egress. We have to start parking in the street now.
I fell a dangerous precedent has been set today. Someone can take your property for there own use and not have to pay you for it or pay for any maintenance on it either.
Thinking about appealing but the old fund bucket is getting low.
My respect for the legal system is at a all time low.

Woody,
**A: sounds like it is tantamount to a legal taking. Another rip off.
  #83  
Old 03-23-2009, 08:55 PM
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Posts: 61

Pro Bono


Any of you guys interested in doing my appeal pro Bono or at a reduced rate?

Woody,
  #84  
Old 03-30-2009, 04:27 PM
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Join Date: Jul 2007
Posts: 61
Looking for a good real estate attorney for my appeal, in the Cape Girardeau, St Louis MO, area. One that takes the ARAG legal insurance, anyone??

Thanks again to all that replied to this thread,
Woody,
  #85  
Old 10-08-2009, 04:21 PM
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Posts: 61

Update...the appeal is in progress


Hi Gang,

Wow 8800+ views

Its been awhile since I posted. Got a new attorney and filed an appeal. My attorney already submitted the transcripts and has just filed his brief with the court. The wheels of justice are turning slowly again.

woody,

Last edited by woodyga; 10-08-2009 at 04:24 PM.
  #86  
Old 10-09-2009, 10:45 AM
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Location: Raleigh, NC
Posts: 431

Keep us posted


Keep us posted, very interested in understanding this outcome......
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Kiawah
  #87  
Old 10-09-2009, 06:20 PM
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Wow, read this whole thing and while interesting it is also sad to see that a court can do something like this.

Did you have to take down the fence during the appeal?
  #88  
Old 10-09-2009, 07:17 PM
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Thanks for the periodic updates. It helps when folks ask these types of questions exactly HOW long it might take the wheels of justice to turn.

I'm sorry that it's having to go to appeals though.
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If you don't like something, change it. If you can't change it, change your attitude. Don't complain.

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  #89  
Old 10-10-2009, 12:38 PM
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Posts: 61
Quote:
Originally Posted by Gum_Drop View Post
Wow, read this whole thing and while interesting it is also sad to see that a court can do something like this.

Did you have to take down the fence during the appeal?

Yes the fence is down and the neighbor is using our driveway.

Woody,
  #90  
Old 10-10-2009, 02:21 PM
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Join Date: Oct 2005
Posts: 15
What does your new attorney think about the judge's decision??
How long is your appeal going to take??
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