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abat53 · Aug 10, 2008, 07:59 PM

A default judgement was granted against me in the amount of $100,000 for my attorney missing court. We filed a motion to reconsider and was granted a new trial in open court. However, the judge did not sign the order for another month and we lost the appeal is the state appellate court. I have nor assets but what recourse do I have against my attorney, judge, etc. since my appeal process has expired due to the judge's faulty ruling?

Fr_Chuck · Aug 10, 2008, 08:04 PM

There is no recourse against the judge that I am aware of. You may have a malpractice law suit against your attorney if you can prove they did not do customary procedures.

abat53 · Aug 10, 2008, 08:09 PM

Originally Posted by Fr_Chuck

There is no recourse against the judge that I am aware of. you may have a malpractice law suit against your attorney if you can prove they did not do customary procedures.

Thank you Fr Chuck. Is there a time frame in which a judge must sign an order from the hearing date? Because the judge did not sign it for over thirty days (yet all court records state his ruling in our favor) he lost jurisdiction and could not grant a new trial.

JudyKayTee · Aug 11, 2008, 06:04 AM

Originally Posted by abat53

Thank you Fr Chuck. Is there a time frame in which a judge must sign an order from the hearing date? Because the judge did not sign it for over thirty days (yet all court records state his ruling in our favor) he lost jurisdiction and could not grant a new trial.

Without knowing the State and which Court (I would assume State Supreme - ?) it's impossible to know. I have seen Attorneys review Orders before they are signed. Is this the case here?

What does your Attorney (or some other Attorney) say?

And what about your Attorney's malpractice - ?

excon · Aug 11, 2008, 06:23 AM

Hello a:

The rules differ in every court. If you want to know the rules of the particular court you're dealing with, you'll need to buy a copy of the "Rules of Civil Procedure" for xxx court. You can probably pick up a copy at your loca college bookstore.

Yes, in all the rules I've ever read, the judge does have a specific time frame in which he must make his ruling... However, in those rules, the time to file your appeal begins AFTER the judge rules. It doesn't make any sense for your appeal rights to expire BEFORE the ruling is handed down.

Now, your lawyer might be blaming the judge for your failed appeal, but I would question him a little further...

excon