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Motion to Vacat vs. Appeal


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If a summary judgment came from a judge and you had not been

in court and you were not given your day in court

would this ne the basis for an appeal?

It has been nore then 30 days so I am worried about

the appeal end of things.

Would this be the basis of a motion to Vacate.

And should either be written to include the affirmative

defenses that also did not make it into court?

Finally, would it be a defense to mention that there

has been no chance to elect arbitration in this.

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Guest usctrojanalum

Why were you not given your day in Court? When a judge decides a motion for summary judgment he/she is deciding a case on the merits, it is extremely hard to get this type of decision vacated. Were you served the motion? There should have been a return date, did you prepare an opposition to that motion? Typically you would have to appeal decisions on MSJ but this is not easy to do alone.

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