When does the clock start?

[escape2paradise]

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

I just heard a rumor that my X is talking of appealing the judges decision. I think it is probably just talk, but who knows.

When does the clock for an appeal start running? Is it from the time of a judges decision or does it start after the order is signed?

Our judge submitted a signed written decision to us, which we received in mid June. My attorney formatted that decision into the formal "Findings of Facts and Conclusions of Law" document and made the changes requested by the judge in the parenting plan and child support docs. We then had a presentation hearing, to which X did not show, and the judge signed off on all.

 

[LdiJ]

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

I just heard a rumor that my X is talking of appealing the judges decision. I think it is probably just talk, but who knows.

When does the clock for an appeal start running? Is it from the time of a judges decision or does it start after the order is signed?

Our judge submitted a signed written decision to us, which we received in mid June. My attorney formatted that decision into the formal "Findings of Facts and Conclusions of Law" document and made the changes requested by the judge in the parenting plan and child support docs. We then had a presentation hearing, to which X did not show, and the judge signed off on all.

When was that?

 

[escape2paradise]

When was that?

That was August 27.

As I understand it, there is a 30 day deadline to file an appeal. What I don't understand is, does the time start from the date of the ruling or from the date the final orders are signed?

 

[TinkerBelleLuvr]

Remember that for an appeal to work, there has to have been an error made in the judgement. You can't appeal cuz you don't like the outcome.

 

[escape2paradise]

Remember that for an appeal to work, there has to have been an error made in the judgement. You can't appeal cuz you don't like the outcome.

I realize that, but the X is representing himself and he doesn't have a clue what he is doing. Our trial lasted 5 days, it should have taken about 3, but because the X was clueless about questioning, procedures and everything else it took longer. My attorney pretty much quit objecting to all his mistakes because it would have been non stop objections. Again, I'm thinking and hoping he is just blowing smoke, but sometimes there is no telling with him.

 

[Ohiogal]

It starts the day the order is signed and FILED though many times add 3 days for mailing.

 

[escape2paradise]

It starts the day the order is signed and FILED though many times add 3 days for mailing.

Okay, that does fit with the civil rules, I was just confused because in one section it says from time of decision and then another section it says time of judgement. Both sections said once the docs were received and filed by the clerk. Our docs were filed the day of signing, my attorney and I went and made copies right then and he filed them with the clerk. I didn't see anything about allowances for mailing. I guess I will just have to wait and see some more. Thanks!

 

[thedoctorisin]

Remember that for an appeal to work, there has to have been an error made in the judgement. You can't appeal cuz you don't like the outcome.

In Virginia, I think that either party can appeal at will from a decision from the Juvenile and Domestic Relations Court to the Circuit Court. The Circuit Court will hear the matter again from the beginning (de novo in legalese), so no error needs to be claimed.

The Juvenile and Domestic Relations District Court

 

[TinkerBelleLuvr]

If my memory serves me right, escape's hearing was directly in front of a judge.

We have the same thing if we go in front of a referee. IF it is in front of a referee, we can make a de novo appeal. If we go in front of the judge directly, there has to be an error in the court order.

 

[escape2paradise]

Yes, my trial was in front of a Superior Court judge. The only higher court in WA is the Supreme Court and they don't rehear cases just because one of the parties didn't like the outcome. Thank goodness for that trials are not cheap!