Quote:
|
Originally Posted by goldphoenix
So the question I am wondering the answer to is do I appeal
de novo and use a jury, or simply appeal to the higher court (district?) ?
I am thinking also that since the landlord held back my wages for rent, that
was an issue of law, so the magistrate should have seen that fact. Trier of
fact is to figure out the fact? The landlord accepted that money as rent, what
he owed me for my work, and held it back from me as payment toward his rent.
Seeing as I brought it to the court's attention, and being that the landlord
did indeed accept that work of mine as rent within the jurisdiction of the
court, do you all think that is an appealable issue? Was the amount the
landlord withheld from me a question of fact, or point of fact that was
overlooked?
The landlord admitted to lying to me about the date that he filed the
complaint, saying: "yes, I told them I was filing on the 15th, and then gave
them a couple extra days." How nice he was, misleading me to estopple me from
paying within the five day clause of the lease. And how nice of him to tell me
that the lease was no longer good and then turn around and use the "old" lease
against me to evict me.
Any ideas will be gratefully accepted and used!
So, Idknow, you are saying that if I were to appeal that I would be trying this
issue all over again? Does that mean the outcome could be different, possibly
turn out worse for me? or can it only get better? I know that a lot depends
upon what I do, but I hope you understand what I'm asking.
On an appeal de novo with a jury, I believe there is a five day limit, while a
normal run of the mill appeal allows us ten days to notice. Anyone know if that
is correct or not? Also, does anyone know off hand what the time limit is on
bringing a rent abatement action or a counterclaim?
Thank you so much, all of you! Keep fighting the good fight!
goldphoenix
|
the choice of bench-trial or jury-trial is really up to you: the criteria for deciding which
is in-part based on how much you have to loose; remember, to me, I'm thinking that you've
already begun looking for a new place to live. Just as a reminder, a situation developed
with my previous LL and I determined not to continue with him because he cursed himself,
I refuse to associate with people who do that to themselves.
I'd invoke the appeal de novo with a bench trial.
`de novo' mean anew, without reference to what occured at the lower-court.
the outcome might be different; for you, your target conclusion is a win where
the court decides AGAINST the LL.
giving both sides of the situation, the court appealed to could decide against you.
but, being redundant, the under-lying purpose of the appeal is to stall the LL
from getting his property too soon, unless an amicable decision is given by the court.
If you do this right, he could be delayed for months, by which time you should find
a new place and already moved out.
as for the court's calendar, read the court rules. goto the court-house law library
and read the state level court rules, and inquire for any local court rules and read them
fully, take notes!
