Legal Question in Family Law in California
appeal order
I filed an OSC for support. It contained five issues (support, review of trusts, confirmation of custody, etc). We went to court. The judge ruled in my favor on the child support, denied reviewing respondent's family trusts for income to our minor children, confirmed status quo custody, etc. Opposing attorney submitted findings and order w/o my review to judge including rulings the judge didn't rule on (judge reserved and/or refused to hear in her court on issues not in my OSC such as he wants arrears medical and dental). I have transcripts coming and MY proposal to deliver to judge ASAP. What if judge already signed opposing attorney's order? How do I file appeal because it's not what judge ordered?
This gets better, opposing attorney claims he cc'd me on his version proposal but can't provide copy of said letter.
Do I need someone as immoral as my ex's attorney (and my ex) to represent me?
1 Answer from Attorneys
Re: appeal order
You are doing the right thing. Get the transcripts, and if they confirm what you are saying, forward a copy to the attorney who did the order. If he refuses to file a notice of errata and a corrected order, then you will need to do an OSC RE: Errata, and move for a corrected order.
I always recommend being represented by counsel. It is required that all counsel approve an order after hearing as to form and content so that this does not happen.
I have seen attorney's and District Attorney's make mistakes, sometimes it happens. If this is an intentional act, and the attorney refuses to change the order and do what is right after getting the transcripts, I am sure the Judge would be very interested in hearing about it.
Good Luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
