Update and a New Attorney

[CJane]

What is the name of your state? MO

I met with my attorney today, about the appeal that Stupidhead is filing. She started the conversation with "You need a new attorney. I don't do appeals."

And then, she recommended an attorney who just happened to be in the office. He has an excellent appeals record, and because he's also her husband, he's going to take my case for a $400 retainer, and cap his services at $2000, no matter how much work he does on the case. He said it would take at least 10 months to get to the point that the appeals court hears oral arguments, though he said he'd be surprised if it gets that far.

Some things were cleared up... what I received in the mail wasn't their motion... it was their notice to the county court that they're filing an appeal. Here's the timeline that was outlined for me...

The court reporter has 90 days to provide the transcripts to them, from the date of their request. That was the end of July, so she has until about the end of October if she doesn't request an extension.

After they receive the transcripts, they have 60 days to file their brief and make their requests. So that would be Christmas-ish if they don't request any extensions.

Then, WE have 60 days to file our response. So... end of Feb.

And THEN the appeals court can take up to 180 days to render a decision.

I can breathe again. The new attorney assured me that I wouldn't even have to set foot inside a court room during the process. He's also VERY confident that there's no way the court is going to overturn the decision. Said it just doesn't happen in family court, and has NEVER happened to this judge.

Also, he said that opposing counsel MAY have screwed up by not requesting a new trial. He's reviewing the case and statutes and will get back to me on that one.

Anyway... that's the deal. I'm just not even going to worry until someone gives me something to worry about.

*************

I've scheduled the DNA test for the baby so that I can finish the crap with babydaddy.

***************

My horoscope today said "End results are satisfying, but right now you have more to learn from the process."

 

[Zephyr]

What is the name of your state? MO

I met with my attorney today, about the appeal that Stupidhead is filing. She started the conversation with "You need a new attorney. I don't do appeals."

And then, she recommended an attorney who just happened to be in the office. He has an excellent appeals record, and because he's also her husband, he's going to take my case for a $400 retainer, and cap his services at $2000, no matter how much work he does on the case. He said it would take at least 10 months to get to the point that the appeals court hears oral arguments, though he said he'd be surprised if it gets that far.

Some things were cleared up... what I received in the mail wasn't their motion... it was their notice to the county court that they're filing an appeal. Here's the timeline that was outlined for me...

The court reporter has 90 days to provide the transcripts to them, from the date of their request. That was the end of July, so she has until about the end of October if she doesn't request an extension.

After they receive the transcripts, they have 60 days to file their brief and make their requests. So that would be Christmas-ish if they don't request any extensions.

Then, WE have 60 days to file our response. So... end of Feb.

And THEN the appeals court can take up to 180 days to render a decision.

I can breathe again. The new attorney assured me that I wouldn't even have to set foot inside a court room during the process. He's also VERY confident that there's no way the court is going to overturn the decision. Said it just doesn't happen in family court, and has NEVER happened to this judge.

Also, he said that opposing counsel MAY have screwed up by not requesting a new trial. He's reviewing the case and statutes and will get back to me on that one.

Anyway... that's the deal. I'm just not even going to worry until someone gives me something to worry about.

*************

I've scheduled the DNA test for the baby so that I can finish the crap with babydaddy.

***************

My horoscope today said "End results are satisfying, but right now you have more to learn from the process."

that is just waay too appropriate for people dealing with the family court system!

 

[CJane]

that is just waay too appropriate for people dealing with the family court system!

I KNOW! But for a Virgo like me, it's so irritating. I want my answers and I want them NOW!

My attorney told the new guy today... "She's not going to ask you very many questions, but you'd better keep her up to date on every single step in the process, because she needs to know the pieces that go in the puzzle."

 

[casa]

What is the name of your state? MO

I met with my attorney today, about the appeal that Stupidhead is filing. She started the conversation with "You need a new attorney. I don't do appeals."

And then, she recommended an attorney who just happened to be in the office. He has an excellent appeals record, and because he's also her husband, he's going to take my case for a $400 retainer, and cap his services at $2000, no matter how much work he does on the case. He said it would take at least 10 months to get to the point that the appeals court hears oral arguments, though he said he'd be surprised if it gets that far.

Some things were cleared up... what I received in the mail wasn't their motion... it was their notice to the county court that they're filing an appeal. Here's the timeline that was outlined for me...

The court reporter has 90 days to provide the transcripts to them, from the date of their request. That was the end of July, so she has until about the end of October if she doesn't request an extension.

After they receive the transcripts, they have 60 days to file their brief and make their requests. So that would be Christmas-ish if they don't request any extensions.

Then, WE have 60 days to file our response. So... end of Feb.

And THEN the appeals court can take up to 180 days to render a decision.

I can breathe again. The new attorney assured me that I wouldn't even have to set foot inside a court room during the process. He's also VERY confident that there's no way the court is going to overturn the decision. Said it just doesn't happen in family court, and has NEVER happened to this judge.

Also, he said that opposing counsel MAY have screwed up by not requesting a new trial. He's reviewing the case and statutes and will get back to me on that one.

Anyway... that's the deal. I'm just not even going to worry until someone gives me something to worry about.

*************

I've scheduled the DNA test for the baby so that I can finish the crap with babydaddy.

***************

My horoscope today said "End results are satisfying, but right now you have more to learn from the process."

Good News~ At least now you can focus on the new job, school for the kiddos & spending time with baby

This may seem like a silly question, considering, but you ARE asking for attorney fees Right?!

 

[CJane]

Good News~ At least now you can focus on the new job, school for the kiddos & spending time with baby

This may seem like a silly question, considering, but you ARE asking for attorney fees Right?!

Can I? He requested them (and was awarded $1500 toward them) in the mod trial. Can I request that mine be paid in the brief to the appeals court? Or would that be separate action? I've been mulling this over. Though really... $2000 isn't gonna kill me when I'm already $20K in the hole.

 

[ezmarelda]

Can I? He requested them (and was awarded $1500 toward them) in the mod trial. Can I request that mine be paid in the brief to the appeals court? Or would that be separate action? I've been mulling this over. Though really... $2000 isn't gonna kill me when I'm already $20K in the hole.

$2000-$1500=maybe it's worth it

 

[casa]

Can I? He requested them (and was awarded $1500 toward them) in the mod trial. Can I request that mine be paid in the brief to the appeals court? Or would that be separate action? I've been mulling this over. Though really... $2000 isn't gonna kill me when I'm already $20K in the hole.

Yes, you canask for fees & you should. Because this appeal is costing you more money & he is bringing about the action after the court has already ruled. (Ask your attorney when/how to file for those fees) Make sure your attorney's office is asking for fees in any/all filings.

The reason X got partial fees in Mod., is you asked for Mod, which cost him money to have representation.

 

[CJane]

Yes, you canask for fees & you should. Because this appeal is costing you more money & he is bringing about the action after the court has already ruled. (Ask your attorney when/how to file for those fees) Make sure your attorney's office is asking for fees in any/all filings.

The reason X got partial fees in Mod., is you asked for Mod, which cost him money to have representation.

Ok, I'll talk to him before he files the brief.

And this is perhaps nit picky... but Stupidhead was awarded fees because I didn't give proper relocation notice. He was only awarded that portion of the fees that the judge deemed were directly related to him fighting that (that's why they were so low in comparison to how much he'd spent altogether).

 

[LdiJ]

I am glad that you have some time to sit back and relax....without feeling pressured. However, be sure that you keep excellent records of any violations of the court order during the time that this whole thing is pending. Once he loses the appeal, then you can hit him up for contempt for everything that he has violated.

 

[Zephyr]

I am glad that you have some time to sit back and relax....without feeling pressured. However, be sure that you keep excellent records of any violations of the court order during the time that this whole thing is pending. Once he loses the appeal, then you can hit him up for contempt for everything that he has violated.

oooh LD- you are crafty!

 

[casa]

Ok, I'll talk to him before he files the brief.

And this is perhaps nit picky... but Stupidhead was awarded fees because I didn't give proper relocation notice. He was only awarded that portion of the fees that the judge deemed were directly related to him fighting that (that's why they were so low in comparison to how much he'd spent altogether).

Yeah...otherwise you'd have had to pay more...The judge was being thorough/cautious and that judge being thorough/cautious is what will help YOU win the appeal.

And LdiJ had some GREAT advice!