Appealing To Ignorance

How is it that the Revolt Revoke Restore plaintiffs and their blind followers remain defiantly unaware of—or unwilling to accept—basic civil procedure in a lawsuit? 

Why has Revolt Revoke Restore attorney Todd Matthew Phillips failed to file form APP-002 despite repeated claims of the intent to appeal? 

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Ladies and gentleman, “to appeal from a superior court judgment or an appealable order of a superior court, other than in a limited civil case, an appellant must serve and file a notice of appeal in that superior court.”

The Notice of Appeal form is available online in Adobe Acrobat PDF format and may be filled out electronically for free at http://www.courts.ca.gov/forms.htm

Select “Appellate” forms, then click on Form APP-002.

Are the Revolt Revoke Restore plaintiffs and their blind followers unable or unwilling to read the 2016 California Rules of Court Rule 8.100. Filing the appeal?  

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The table below outlines the steps in the appeal process.  It’s not rocket science folks!

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The timelines for appeal depend on the type of case you are appealing.

appealdeadlines

The truth.  It is difficult to win an appeal.  Only about 20% of civil appeal cases are reversed.  Generally, the appealing party must demonstrate that a legal error was made by the superior court.  The Court of Appeal presumes the superior court judgment is correct, and the appealing party must overcome this presumption to win the appeal.  Not only must there be a mistake or error of law for the case to be reversed, but the alleged mistake must generally have been pointed out through an objection to the superior court judge.  In other words, the attorney must have made a specific objection during the trial to raise most issues on appeal.  If there was a mistake, it also has to have been important enough that it could have made a difference in the outcome of the case. 

Please READ Chapters 1-7 here:  The California Court of Appeal Step by Step

FYI: A Notice of Appeal is the form you file in superior court to let the court know that you intend to appeal (Sample Form A).  You can file a Notice of Appeal as soon as the order or judgment is signed by the superior court judge and file-stamped by the court clerk. ttunowappealedited

*UPDATE*

Amazingly, within 48 hours of publishing this blog post the Revolt Revoke Restore Facebook page now reads, “we are very excited to announce that my office today filed a Notice of Appeal with the L.A. Superior Court! In other words, our appeal is officially filed!”

Remember, the appellate court will not consider new evidence. An appeal is not a new trial.  You cannot appeal a court’s decision just because you do not like it. There must be a valid reason for you to appeal. Some people want to file an appeal just because they are mad at the judge or at the other side. But appeals and lawsuits are very serious, and the court can punish people who file “frivolous” lawsuits (lawsuits that are not based on a valid reason).

Winning an appeal is very hard. You must prove that the trial court made a legal mistake that caused you harm. The trial court does not have to prove it was right, but you have to prove there was a mistake. So it is very hard to win an appeal.   

Meanwhile, welcome to the California Appellate Courts Case Information System.

This system provides case information for California Supreme Court and Court of Appeal cases. Case information is updated once an hour throughout the business day.

Searches for Supreme Court and Court of Appeal case information can be initiated by supplying trial court, Court of Appeal, or Supreme Court case number or by supplying case caption, attorney, or party information.

Please let me know if your search yields any results.

 

 

 

 

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