Dartanboy
Citizen
Supporter
3rd Anniversary
Change Maker
Popular in the Polls
Legal Eagle
Dartanboy
Attorney
- Joined
- May 10, 2022
- Messages
- 1,442
- Thread Author
- #1
Client Name:
xtub12345
Counsel Name:
Solid Law Firm
Were you originally the plaintiff or the defendant:
Plaintiff
Reason for the Appeal:
The case was dismissed for the following reason:
The Judicial Standards Act states the following about appeals: "Once a court case is adjourned, either party may request to appeal the decision by filing an appeal in the court of the next tier," with the requirement that: "Less than one month has elapsed since the court’s decision."
As this is neither the court one tier above the one in which the decision was made, nor within the one month time limitation after the decision being appealed, the appeal cannot be heard.
However, the Plaintiff and his counsel contest the Federal Court's decision here, and base this on points of law:
1. The Judicial Standards Act does say everything the Hon. Banana mentioned, however, it is the opinion of the Plaintiff that this Act is clearly talking about the verdict of the case, not other decisions made throughout a case. We see very clearly "Once a court case is adjourned, either party may request to appeal the decision by filing an appeal in the court of the next tier."
The wording of this legislations requires an appeal for only "the decision," suggesting that there is only one decision in the case that is worthy of an appeal - the verdict.
2. The Statute of Limitations Act states that "Civil action must be commenced must be commenced within two months of the date of the alleged dispute."
3. Since the Plaintiff was charged with Contempt of Court on October 16, was not charged in the verdict of the case, and the Civil Action lawsuit was filed within 2 months of the dispute, the case should be heard.
Additional Information:
Original Case Link: Lawsuit: Dismissed - xtub12345 v. Commonwealth of Redmont
xtub12345
Counsel Name:
Solid Law Firm
Were you originally the plaintiff or the defendant:
Plaintiff
Reason for the Appeal:
The case was dismissed for the following reason:
The Judicial Standards Act states the following about appeals: "Once a court case is adjourned, either party may request to appeal the decision by filing an appeal in the court of the next tier," with the requirement that: "Less than one month has elapsed since the court’s decision."
As this is neither the court one tier above the one in which the decision was made, nor within the one month time limitation after the decision being appealed, the appeal cannot be heard.
However, the Plaintiff and his counsel contest the Federal Court's decision here, and base this on points of law:
1. The Judicial Standards Act does say everything the Hon. Banana mentioned, however, it is the opinion of the Plaintiff that this Act is clearly talking about the verdict of the case, not other decisions made throughout a case. We see very clearly "Once a court case is adjourned, either party may request to appeal the decision by filing an appeal in the court of the next tier."
The wording of this legislations requires an appeal for only "the decision," suggesting that there is only one decision in the case that is worthy of an appeal - the verdict.
2. The Statute of Limitations Act states that "Civil action must be commenced must be commenced within two months of the date of the alleged dispute."
3. Since the Plaintiff was charged with Contempt of Court on October 16, was not charged in the verdict of the case, and the Civil Action lawsuit was filed within 2 months of the dispute, the case should be heard.
Additional Information:
Original Case Link: Lawsuit: Dismissed - xtub12345 v. Commonwealth of Redmont