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Testy Attorneys

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(@jim-frame)
Posts: 7277
Topic starter
 

I just got word that the plaintiff has filed a notice of appeal.?ÿ Sigh...

 
Posted : 29/04/2021 6:14 pm
(@bill93)
Posts: 9834
 
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 : 29/04/2021 6:29 pm
(@jitterboogie)
Posts: 4275
Famed Member Customer
 

@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 : 29/04/2021 6:30 pm
(@skeeter1996)
Posts: 1333
Noble Member Registered
 

@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 : 29/04/2021 8:21 pm
(@jim-frame)
Posts: 7277
Topic starter
 
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 : 29/04/2021 8:27 pm
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