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  #1  
Old 05-07-2007, 12:20 PM
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Question

Appeals


What is the name of your state? SC

I've recently received an appeal motion from The City Of Forest Drive from a traffic case in 2005. Is this Proper?

Aren't there deadlines for filing appeals motions?
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  #2  
Old 05-07-2007, 01:04 PM
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very much so... 10 or 30 days depending. see [url]http://www.scstatehouse.net/code/titl18.htm[/url] if it was not a magistrate court.

You will easily win that appeal...


The appellant shall, within ten days after sentence, serve notice of appeal upon the magistrate who tried the case, stating the grounds upon which the appeal is founded.

Any person convicted in a magistrate's court who pays a fine assessed by the court does not thereby waive his right of appeal and, upon proper notice, may appeal his conviction within the time allotted in this section.
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Old 05-07-2007, 05:35 PM
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There is no city of Forest Drive in SC to my knowledge.
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Old 05-07-2007, 07:22 PM
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Forest Acres maybe?
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Old 05-08-2007, 03:56 AM
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Question

Thanks for responses


Correct. Forest Acres.

Thanks for the responses.

I'm still confused on why an appeal was files after almost 2 years. I guess I will file a motion to dismiss?
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Old 05-08-2007, 09:39 AM
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File for summary judgment based on failure to file the appeal within the time limit. Be sure to get your reply in on time. CRR. How did you win in the first place? Almost never happens in SC, especially with a city judge.
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  #7  
Old 05-09-2007, 11:08 AM
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Traffic case


I presented photographic evidence.
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