APPELLATE PRACTICE WITH CHARLES MARSHALL 6PM EDT TONIGHT

Thursdays LIVE! Click in to the The Neil Garfield Show

Or call in at (347) 850-1260, 6pm Eastern Thursdays

We hardly ever address appellate practice on these pages or the Neil Garfield Show. Tonight Charles Marshall, California Attorney, discusses basic factors on appeal.

  1. What is an appeal?
  2. When should notice of appeal be filed?
  3. What does an appellate panel or judge consider on appeal?
  4. What are the issues on appeal?
  5. Can new facts be introduced on appeal?
  6. Can jurisdictional issues be brought up for the first time on appeal?
  7. When does oral argument occur?
  8. What kinds of decisions are made by appellate court?
  9. Is there always a written decision issued by the judge or panel?
  10. What happens after the appellate judge or panel renders a decision or opinion?

 

And just a side note: At a CLE seminar given some years ago one of the presenters was a Bankruptcy Judge. She questioned why more people did not take the lateral route of appeal to the Federal District Judge where there is, according to her, a 50% chance of success compared with 10-15% in a BAP or Circuit Court appeal. It still seems that most lawyers and pro se litigating think that the higher the court the better their chances. The statistic’s don’t seem to bear that out. To the contrary, keeping the appeal local where the District Judge reviews the decision and practice of the Bankruptcy judge bears more fruit.

https://www.vcita.com/v/lendinglies to schedule, leave message or make payments.

3 Responses

  1. Good morning,  How can I listen too this program again ? Rsvp, thankyou, beverly   

    From: Livinglies’s Weblog To: beverlyal@yahoo.com Sent: Thursday, March 22, 2018 1:17 PM Subject: [New post] APPELLATE PRACTICE WITH CHARLES MARSHALL 6PM EDT TONIGHT #yiv7970394876 a:hover {color:red;}#yiv7970394876 a {text-decoration:none;color:#0088cc;}#yiv7970394876 a.yiv7970394876primaryactionlink:link, #yiv7970394876 a.yiv7970394876primaryactionlink:visited {background-color:#2585B2;color:#fff;}#yiv7970394876 a.yiv7970394876primaryactionlink:hover, #yiv7970394876 a.yiv7970394876primaryactionlink:active {background-color:#11729E;color:#fff;}#yiv7970394876 WordPress.com | Neil Garfield posted: “Thursdays LIVE! Click in to the The Neil Garfield ShowOr call in at (347) 850-1260, 6pm Eastern ThursdaysWe hardly ever address appellate practice on these pages or the Neil Garfield Show. Tonight Charles Marshall, California Attorney, discusses basic f” | |

  2. @ Caldreamer ,

    suggesting email to neil at neilfgarfieldesq@gmail.com

  3. Hi Neil, Can you discuss what VACATE means in the following California appellate court decision. We won appeal It was reversed and remanded.
    “this matter is remanded to to the trial court for further proceedings consistent with this decision. “The trial court is specifically directed to vacate the xx/xx/14 unlawful detainer judgement…”
    I need a lawyer in california because on remand the bank was granted a MSJ, allowed to submit new evidence and stated in their docs that appellate court did not say how to dispose of case.

    We had UD reversed because bank failed to provide or even admit having a substitution of trustee giving authority to foreclose. They argued that we didn’t provide proof they didn’t.

    Our lawyer couldn’t do 2nd appeal so left me on my own to be crucified. 2nd appeal now and any day notice to file opening briefs due.thank you

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