Legal Question in Family Law in California
Hello,
My sister has been having issues with her ex over receiving alimony payments. They've been going to court over this matter since 2011, and the judge in their case ruled that her ex has to pay her alimony. Her ex has refused to pay the amount my sister is owed, and told the judge that he planned on appealing his ruling.
Her ex has since appealed the ruling and the court granted his request. To make a long story short, after reviewing his appeal's brief and hearing his oral argument, the appeals court ruled that the judge's original ruling stands, and that my sister is to recover the amount specified in the court order and also that their ruling is final.
My sister's ex has since filed a 20 page document with the court asking for a re-hearing of the case. He states that the appeals court erred when it sided with the judge's ruling and that it did not consider all the facts of the case.
My question is since the appeals court made it's final ruling, does her ex stand any chance of having this case re-heard?
Thank you.
2 Answers from Attorneys
You are asking for an opinion on the outcome of a case that we have never seen any of the documents, briefs or evidence? Really? You think our prediction could be worth anything when we know nothing about the actual merits of the case? All I can tell you is that rehearings are not very often granted, but they are if they are valid requests.
I agree generally with Mr. McCormick, but I can say that it is my opinion, based on my experience with the Court of Appeal and the limited facts that you have presented, that a new hearing will not be granted.
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