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Testy Attorneys

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jhframe
(@jim-frame)
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I just got word that the plaintiff has filed a notice of appeal.?ÿ Sigh...


 
Posted : April 29, 2021 8:14 pm
bill93
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Posted by: @jim-frame

Unfortunate for your client, but you are probably done with it.?ÿ Appeals don't take in new testimony, do they?


 
Posted : April 29, 2021 8:29 pm
jitterboogie
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@jim-frame

Maybe they hired a newer better attorney.?ÿ Unless they can prove a due process issue poisoned the case, hard to believe they could introduce new evidence that would substantiate overturning the original decision.?ÿ Having a less than capable attorney isn't substantive enough, but as I've been told before, Judges make mistakes all the time( said the attorney that convinced me to not go after the soon to be ex wife for hiding 65k in an offshore account....) Keep us posted, and Good Luck.


 
Posted : April 29, 2021 8:30 pm
Skeeter1996
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@bill93

I was told that by my Attorney, but the opposing Attorney introduce alot in his Closing Argument that had not be introduced during the trial and the Judge cited it in his decision.


 
Posted : April 29, 2021 10:21 pm
jhframe
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Posted by: @bill93

Unfortunate for your client, but you are probably done with it.?ÿ Appeals don't take in new testimony, do they?

I don't think so, but I'm not real familiar with the process.?ÿ However, I recommended a friend who's an appellate specialist to my client and offered to meet to go over the matter from a surveyor's perspective, so I may yet have a minor role to play.?ÿ I think the outcome will hinge on the decisions in Ernie v. Trinity Lutheran Church and in Bryant v. Blevins, and I'd like to make sure that the attorney understands the similarities and differences between those decisions and the circumstances in this matter.


 
Posted : April 29, 2021 10:27 pm

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