Appeals process

keywestsunshine said:

What is the name of your state? GA

My son was sued by his x-girlfriend for a 4-wheeler that he purchased that she claims he purchased for her as a gift. She filed this lawsuit 8 months after she cheated on him and left him for the other guy and she SOMEHOW won the lawsuit. He has now appealed the judgement and was told that his appeal would not be heard until June of next year and that he did not have to turn the property over to her until such time as the appeal is heard and decided. His x-girlfriend told him today that she was advised by an attorney that she can obtain possession of the 4-wheeler before the appeal is heard. Is this true?

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keywestsunshine said:

P.S. She is also sueing for possession of his 2 dogs (Pugs) which he agreed he would let her have before she even filed the stupid lawsuit.

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My response:

You may be from Florida, but your son has been sufficiently "Georgia-ised" enough to make this a typical Georgia Hillbilly story.

And to top it all off, OF COURSE there's a dog or two in this story. There's ALWAYS a dog in stories like this!

And, there's ALWAYS a single-wide trailer with tires that need inflating! And, there's ALWAYS a stash of cheap liquor somewhere in the story, too!

Yeeeeeeeee Hawwwwwww.


IAAL

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And, there's ALWAYS a stash of cheap liquor somewhere in the story, too!

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keywestsunshine said:

What is the name of your state? GA

His x-girlfriend told him today that she was advised by an attorney that she can obtain possession of the 4-wheeler before the appeal is heard. Is this true?



My response:

Okay, the "Tom Foolery" is over, and now I'm ready to give a serious answer. But, it WAS giving me a good laugh or two, and it was fun - - wasn't it?

Anyway, the girlfriend is full of crap. First, if it was true, she wouldn't be "telegraphing" it to him. If it were true, she'd just make arrangements to have the ATV and dogs legally taken from him. But, she's full of crap because she can't do anything, and is merely trying to "hornswaggle" him.

Your son has paid his "appeal bond" and it's that "bond" that covers and protects her, and her rights, in the event that the ATV, etc., is destroyed or damaged. Second, the appeal immediately places a "stay" on the judgment of the lower court; i.e., it's as if there was never any judgment, and she cannot "enforce" a judgment that, for now, doesn't exist.

So, your son doesn't have to turn over anything to her, and she doesn't have any right to lay claim to anything UNTIL the appeal process is completed.

Good luck!

IAAL

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