I won a case where one defendant appealed and one didn't..need clarification

[imeagain]

What is the name of your state (only U.S. law)? New Jersey

We sued someone in Special Civil part in New Jersey. We won the case against the defendant. We originally filed the case
against two individuals who had an equal stake in the suit. We filled out the papers, 4,000 against Defendant A, and 2,000 against Defendant B. We went to court and won pretty easily. The judge entered a judgment against both individuals for 6,000 without distinguishing or assigning amounts to Defendant A or B.

It was all rolled up into one, but against each of them individually so it seemed from the ruling.

Defendant A appealed and won because we defended ourselves in court and it got
pushed back to the lower courts for trial with attorney. We will pounce on him
even worse now.

Defendant B NEVER appealed and Defendant A never listed Defendant B
in his appeal. The Appellate judges pointed that fact out very clearly
in their decision.

My attorney tells me we have no problem going after Defendant B,
even though our case was considered voidable by the consent
of the adversary in the appeal decision vs Defendant A.

We sent an information subpoena to Defendant B. He never
appealed. The judgment was entered against both for the full amount
without giving instructions.

Are we legally entitled to go after Defendant B even though
Defendant A won the appeal and had it remanded back to
lower courts for a new trial (same testimony though)?

Can the original judge not specify the exact judgment
and have liability fall on both shoulders even though
it was filed going for two separate amounts, but
coupled as the same judgment?

Please note that they were working together as a team and
both parties in the trial judge's ruling were culpable regardless of
the exact amounts paid to to each Defendant.
She found them equally responsible for the whole amount.
Was she legally in her right to do that?

Also, can you comment as to the collection of the judgment?

It seems that we are in a no lose situation here if Defendant B
is on the hook, and I am super confident about going back to court
because it will be equally disastrous for Defendant A with an
attorney present.

THANK YOU IN ADVANCE.

 

[Ronin]

Why are you asking this forum to speculate on answers to your questions when you have offered insufficient information, and when on top of that you have an attorney representing you who knows the details of your case and the appeal far better than anyone here? Here's a thought... ask your attorney these questions.

 

[imeagain]

This is a site for free legal advice

How cold and insensitive? This is a site for free legal advice and then you scold someone for genuinely trying to learn more about their situation. Yes. I have an attorney, but I suppose you're accustomed to puffing your chest exclaiming that one lawyer's reasoning is perfect, cogent, legal reasoning. I presented the facts to the best of my ability. You're living proof that some attorneys, not all because I have had great support and advice offered here, are so bloated with ego that it clouds their sense of decency. Go crawl behind your degree. You won't be the only one there.

 

[Ronin]

Cold and insensitive? Not hardly.

The facts you presented are insufficient to make a reasonable determination on the answers to the questions you posed. You are asking for specific answers to what is not such a simple case. One would need to review the appeals court opinion and some other specifics of your case to make an intelligent response to your questions.

Furthermore, you indicated you have retained an attorney who is now intimately familiar with the specifics of your case. Hopefully he/she is reasonably competent. Assuming this, any advice or comments made on this forum cannot possibly replace or even second guess that of your attorney.

If your attorney cannot answer or is unwilling to answer your questions, or you question any particular points made by your attorney, then by all means raise that point here with a little more info on the specific question.

 

[my_wan]

Can the original judge not specify the exact judgment
and have liability fall on both shoulders even though
it was filed going for two separate amounts, but
coupled as the same judgment?

Yes it's called "Joint and several liability". This is generally to your advantage.

Was she legally in her right to do that?

Yes, you should thank her for it.

Also, can you comment as to the collection of the judgment?

Not sure what you expect. Your lawyer already stated:

My attorney tells me we have no problem going after Defendant B, even though our case was considered voidable by the consent
of the adversary in the appeal decision vs Defendant A.

So long as Defendant B never goes back to court you can continue whatever collection avenues are available to you wrt B.

It seems that we are in a no lose situation here if Defendant B
is on the hook, and I am super confident about going back to court
because it will be equally disastrous for Defendant A with an
attorney present.

Yes, the "no lose situation" was afforded to you through the Joint and several liability judgment. If you mean by the "no lose situation" that there is no effective loss to losing the appeal by A, that depends on how confident you are you can recover from B alone. Will B later appeal on the basis of A's winning appeal? I don't know. So long as B doesn't you can continue collections per your lawyers statements.

If your case is that strong then fight the appeal of A. The appeal appears to be on the legitimacy, not the content, of the original judgment. That means the appeal has no effect on the judgment itself. So long as the appeal fails completely the judgment will stand. However, there are significant unknowns as to what will occur during appeal. Details that we can't know from our perspective.