S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Please define the appellate process for me once more  (Read 2468 times)

Nugo

  • Guest
Please define the appellate process for me once more
« on: Nov 21, 2003, 10:31:44 PM »
I got my findings in; basically what the judge did was accept everything my ex said and discounted everything that I said.   I will share details with Soc and a few others I know, but can't just toss it out there right now for a few different reasons.

My question though revolves around time frame and process.  I have 30 days from Nov 18th to appeal.

1.  What can I appeal?
2.  What can I not argue in the appeal?

Thanks and advance ;(


socrateaser

  • SuperHero
  • *****
  • Posts: 5728
  • Karma: -2
    • View Profile
RE: Please define the appellate process for me once more
« Reply #1 on: Nov 22, 2003, 07:29:28 PM »
>I got my findings in; basically what the judge did was accept
>everything my ex said and discounted everything that I said.  
>I will share details with Soc and a few others I know, but
>can't just toss it out there right now for a few different
>reasons.
>
>My question though revolves around time frame and process.  I
>have 30 days from Nov 18th to appeal.
>
>1.  What can I appeal?

You can appeal any final individual order of the court or the entire judgment.

>2.  What can I not argue in the appeal

You can argue, that based on the evidence/testimony on the trial court record, that the court ruled incorrectly as a matter of law, or that it abused its discretion in ruling against you.


>Thanks and advance ;(

Nugo

  • Guest
RE: Please define the appellate process for me once more
« Reply #2 on: Nov 22, 2003, 08:36:29 PM »
Thanks Soc.  One other thing though...

1.  Does it matter at all if I can prove, I mean seriously prove, that somebody or some people lied in court?  Or are you saying that the findings are final, and that I can only agrue how those findings were used with regard to the law, not the findings themselves?  (I understand the discretion thing, I think, e.g. sexism in this case, ugh.)

socrateaser

  • SuperHero
  • *****
  • Posts: 5728
  • Karma: -2
    • View Profile
RE: Please define the appellate process for me once more
« Reply #3 on: Nov 23, 2003, 06:09:48 AM »
>Thanks Soc.  One other thing though...
>
>1.  Does it matter at all if I can prove, I mean seriously
>prove, that somebody or some people lied in court?  Or are you
>saying that the findings are final, and that I can only agrue
>how those findings were used with regard to the law, not the
>findings themselves?  (I understand the discretion thing, I
>think, e.g. sexism in this case, ugh.)

If someone materially falsifies testimony, AND "but for" the material falsification the court would have ruled differently, then you can move to set aside the trial court judgment. Furthermore, you must show that the evidence of the lie could not have been exposed through diligent use of the standard discovery process during the course of litigation, i.e., the evidence, must not have been reasonably knowable until after final judgment was entered.

This is not an appeal. You are moving to set aside on grounds that a fraud against the court has been purpetrated.

:)

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.