OK SOC...say I do wish to appeal...m

[Giggles]

This is what he filed...http://www.courts.state.md.us/district/forms/civil/dccv89.pdf

As you know, I can't afford an attorney...so would I file this form?
http://www.courts.state.md.us/district/forms/civil/dccv37.pdf

From the looks of it...it would probably cost me $190 to file the appeal, I can handle that and I may be able to line up a pro-bono attorney (still have to check on that) to help me out with this.  

1.  If I can't (find an attorney) then what happens once I file the appeal?  

2.  I believe they will set a court date of more than 5 but not more than 15 days from the date I filed the appeal?
I took this from the section you gave me....so it appears I have 10 days...not 5!! :-)
(ii) Either party shall have the right to appeal therefrom to the circuit court for the county within ten days from the judgment.  
   
 (iii) If the tenant appeals and files with the District Court an affidavit that the appeal is not taken for delay, and also a good and sufficient bond with one or more securities conditioned that the tenant will prosecute the appeal with effect and well and truly pay all rent in arrears and all costs in the case before the District Court and in the appellate court and all loss or damage which the landlord may suffer by reason of the tenant's holding over, including the value of the premises during the time the tenant shall so hold over, then the tenant or person in possession of said premises may retain possession thereof until the determination of said appeal.  
   (iv) The appellate court shall, upon application of either party, set a day for the hearing of the appeal, not less than five nor more than 15 days after the application, and notice for the order for a hearing shall be served on the opposite party or that party's counsel at least 5 days before the hearing.  
   (v) If the judgment of the District Court shall be in favor of the landlord, a warrant shall be issued by the appellate court to the sheriff, who shall proceed forthwith to execute the warrant.  
 
3.  I guess what I need to know is say the court says he has to give me 30 days notice...would that notice be dated back to the date I was first served or after the date of my appeal?
 
 
 

[socrateaser]

>This is what he
>filed...http://www.courts.state.md.us/district/forms/civil/dccv89.pdf
>
>As you know, I can't afford an attorney...so would I file this
>form?
>http://www.courts.state.md.us/district/forms/civil/dccv37.pdf

Yes.

>
>1.  If I can't (find an attorney) then what happens once I
>file the appeal?  

The court will schedule a hearing and notify you of the date and time to appear.

>3.  I guess what I need to know is say the court says he has
>to give me 30 days notice...would that notice be dated back to
>the date I was first served or after the date of my appeal?

I'm gonna give you some advice that you probably don't want to read. I think you should save your $190, get a UHaul, get some friends to help you with your stuff, and get out of that house.

I've been trying to think of why the District Court judge would have made a judgment that any first year law student would have known was plain error. It occurs to me, that the judge is sitting there and he's faced with a man and a woman who have been living together for years, and basically splitting all their expenses, but never married. And, the judge knows that MD law is particularly hostile to unmarried cohabiting partners, and the judge probably sees the very real possibility of your current living arrangement suddenly becoming fertile ground for some serious domestic violence.

So, the judge says to himself, "I'm gonna force this woman to leave ASAP, rather than rule that service was ineffective, and give her another 10 days. Besides, what's another 10 days really going to do for her? Answer: not much. Better to just encourage her to leave now, than to uphold the law. And, even if she appeals, what's that get her? Just another 10 days."

Point is, that it's not really worth the money to fight to stay, UNLESS, you intend to plead breach of contract, or breach of fiduciary and partnership dissolution. And, if you choose this path, you will definitely need an attorney and some serious money.

So, think about it real hard -- maybe just packing up and leaving now is the best move you will ever make. I'm thinking so.

[Giggles]

I have my home inspection this saturday and my neighbor says she has a storage unit I could use.  
Thankfully in a little over 5 weeks I will have my own house and never have to deal with that jerk ever again!!!!

Thank you sooo much for your help and guidance...you have been a god send to me, without you I'd probably gone nuts!! :-)