appeal is filed, but just found....

appeal is filed but I just aquired new evidence. I know this new evidence can't be used in my appeal but can I start right now with another suit (fraudulent transfers) while appeal is pending?

This all stems from child support and father lowering his income (what used to be half a million a year is now a $10.00 an hour job). Child support magistrate refused to look at my claims of underemployment, and refused to look at my evidence, so I appealed. I have now aquired evidence of fraudulent transfers, documents, and transfers of some property to a minor. I am not confident of appeals court future decision. Can I go ahead with this new lawsuit/motion? I live in Minnesota. Plus, this is my second time back in appeals and this case is 3 years old now. Things seem to keep getting lost in all of these hearings, changes of judges, new attorneys, continuances and such that I have lost faith in judicial system. It doesn't help matters either that my lawyer is just family law and things have went to complex business laws and taxation. Is there also such a thing as aquiring another lawyer thru motion to judge where my original lawyer is still on board but she pays half of the hourly wage to knowledgeable atty in this instance, is there such a word for that?

Wow!!! What a situation....

1) Generally, you cannot file a lawsuit that will be based on the same issues already adjudicated. This is called Res Judicata. However, you should be able to file a motion with the appeals court to hear your new evidence.

2) You cannot 'force' your current attorney to bring in additional counsel. You should have a serious conversation with your current attorney and voice your concerns. Ask that he/she consider bringing in additional experience. If he/she refuses, then you will need to consider hiring a new attorney to replace the current (Substitution of Attorney of Record).

thanks for answering...

concerning (1): Do you mean I can file a motion at this time, right now, for the appeals court to hear the new evidence discovered at the scheduled time and appearance of the oral arguement (bring new evidence with me)? That would be great! I was under the impression that they (appealate) would just remand all of this back to the magistrate, whom I consider not a very bright person, certainly not fair anyway.

Another question: during the discovery when my atty requested some documents, (esp. the LLC articles), she was not knowledgeable to request specfic ones (operating agreement which would of told alot of information). Can i still request these at this time from respondent? and can I demand from respondent to produce the ones he still hasn't produced? These are the documents that I would have a very hard time to get now from any source because of privacy, and "so-called new ownership" of his businesses from the family members.

That's not all....he also had a family member file his return (had his name on it with his ss #, his FEIN #, his dividends, etc..) on their return. They filed $652,000.00 dollars of his in their name so that he could produce to CSE his "new W2's" to base child support award on. Magistrate didn't care, and based award on $10.00 an hour job, not even imputed either!! I'm so stressed, I've been doing nothing but reading, reading and reading,to educate my self on all of this because I don't think anybody gives a crap about anything anymore, including their job performance, this includes CSE here in this county. No wonder child support is a national disgrace. please respond I appreciate any ideas. Thanks, taylorsmom - Linda

You might have misunderstood my reply. Your lawyer should be able to file a motion to get your 'new evidence' before the appellate court. Then, if the apellate court reviews your 'new evidence', they could either grant your appeal and remand back, or issue a mandated judgment, or deny the appeal petition.

Also, certainly your lawyer should be able to request that the respondent to your original discovery update his response (if the original discovery request included that it is 'open ended' and to be updated if respondent finds additional or new facts).

re: discovery

I don't know if it was "open ended". How can I find out, trying to reach my atty on anything usually takes about a week to receive a call back.?

I had asked her, before she filed for appeal and ordered transcripts if she thought we should try rule 60: for fraud. She declined. But I do see what you mean by: "new evidence" and getting into court with that ("new evidence") before appeals time, so that I have that evidence in the record for appealate time. Is that what you're saying to me??
(god, I feel like I'm using the same four words over and over)!!! I'm trying to get this in during my lunch break............