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Hi, I have to have my appeal in tommorrow. Have some questions?? I have no clue why the judge ruled as he did as there was no explaination.

How do I ask for it?  Do I use Rule 54(2) (B) (ii)  Specify the judgement and the statute, rule, or other grounds entitling the movant to the award?? Also do I need a formal form?? I cannot find anything on this.

 

 

Secondly, Are there any motions that would give me additional time to get the appeal in?  I have been reading so much I think I paralyzed my brain.

 

And I am debating between filing Rule 59 (2) (B) A Motion to Alter or Amend A judgement   OR

 

Rule 60 (B) (1) Relief from a judgement or order

 

Rule 59 is asking for a new trial.  If I file this and the appeal tommorrow will the new trial if granted take the place of the appeal????

 

Thanks for any help. I am running out of time

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  • 2 months later...

All is not good.  He said once appeal has been filed he does not have to tell me how he ruled.  Also the Plaintiff filed a motion to deny my appeal. I filed a response in opposition to that. I filed a motion to extend time to get mymemorandum in because 3 months has already gone by.

 

That was granted for another month. Acually 28 days. That is another whole story.  Still no ruling on the first motion. They have 3 months which falls after my one month extension. So I filed for another extension since the first was entered in wrong.

 

So my question is does anyone who has filed an appeal have any advise how to write up the memorandum???

Do you include case history or frame it like your MOSJ??  First time with this so I appreciate any help here.

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All is not good.  He said once appeal has been filed he does not have to tell me how he ruled.  Also the Plaintiff filed a motion to deny my appeal. I filed a response in opposition to that. I filed a motion to extend time to get mymemorandum in because 3 months has already gone by.

 

That was granted for another month. Acually 28 days. That is another whole story.  Still no ruling on the first motion. They have 3 months which falls after my one month extension. So I filed for another extension since the first was entered in wrong.

 

So my question is does anyone who has filed an appeal have any advise how to write up the memorandum???

Do you include case history or frame it like your MOSJ??  First time with this so I appreciate any help here.

Assuming that this an appeal from justice court, hopefully this can provide some insights for appealing to the superior court in AZ: Representing Yourself: Appealing a Civil Case to the Superior Court

 

For those with superior court errors in need of correction  here is a guide for appealing to AZ Court of Appeals of AZ Supreme Court is here: Guide for Self-Represented ("Pro Se" or "Pro Per") Appellants and Appellees

 

I am understanding the "memorandum" referenced to be the the equivalent to an opening brief for an appellant. I am not familiar with appeals from a justice court judgment but the opening brief for the AZ Court of Appeals would seem to focus on the question(s) that the appellant is wanting to have reviewed.

 

Appeals are not a do-over of the trial court case AFAIK.

 

Christine has shared CoA briefs (including her opening brief) at her site: http://liarsandcheats.info/debt-buyer-acarta-lawsuit-in-arizona-appeals-court-interest-documentation-sol/appeals-court-filings/

Whether they can provide insights to a JC appeal to superior court IDK.

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Well , I just received in the mail today a letter mailed  the 24th saying that Notice is hearby given that a procedural motion has been filed on a pending appeal in the lower court and transferred to Superior court.

 

An appeal fee of 300.00 is required from the appellant in this matter within 30 days or the appeal will be deemed abandoned.

Called the sup court, they said call the lower court and the clerk assigned to my case(who wrote the date in wrong of the time frame the judge gave me to extend my memo) was not in until Monday.

 

I understood that the sup court appeal fee was not due until you filed the transcription and memorandum.

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@BV80

@Credator

 

There's case law that says a superior court's ruling on a summary judgment can be reviewed de novo, but I don't know about a justice court's ruling.  One would think if it would apply to superior court, it would also apply to justice court, but who knows?

An appeal panel, such as the AZ CoA doing a de novo review of a portion of a trial, such as an SJ, and an actual trial de novo or "do-over", such as one may request (typically adjudicated by the same trial court judge one began the case with) after an AZ Superior Court connected arbitration goes awry are two completely different things.

 

I would speculate similar differences between a trial de novo and SJ review de novo would exist at the JC level, despite the unavailability of court connected arbitration in the AZ JC.

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  • 2 months later...

Hi All,  An update on my never ending case. Trial was June 2013. Judgment against me filed in Oct. I appealed. Plaintiff filed a motion to deny my appeal.  I filed an opposition to that.

 

Here are we in March and I just got a ruling on those motions. Why you ask so long???  Well, because they were filed in Justice Court and even though I put (remand to superior court) they sat in JC until December. I went down and paid Superior Court up front to rule on it.

 

So the 9 page verdict came in from Superior Court that yes I can appeal and the Plaintiff was denied their motion. The court also ruled that I have 2 months from this decision to get my memorandum in . My tape is already transcribed . However the judge gave me until March 6th to get it in so I will call tommorrow to see if this overrules that.

 

Any help with the memorandum will be a big help. It also appears from the wording that this was a precedent decision as they had to rely on supreme court ruling to decide.

 

In this case the judgment is not final until it is BOTH entered and file. There was no proof about the date it was filed.  The trial court failed to note the Judgment in the court record and the Plaintiff alleged no predudice resulting from the Defendant;s having missed the possible due date by a few days.

 

So after a LONG wait for this verdict on the motion I now go in to the appeal mode.

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