« on: February 15, 2010, 03:44:04 PM »
no, no listen to me, i have thousands of posts so i know what i'm talking about!!!!
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Today I got a Chicago style hot dog and requested spicy mustard. It was loaded with spicy mustard....... And the standard yellow mustard. Wouldn't most people assume that if you ask for a different type of mustard, that you're implicitly stating in lieu of - opposed to in addition? The taste of both mustards was quite strange.
BTW Reez, I forgot to thank you for your explanation of Twombly at the end of last semester. SUPER helpful!!! Code and notice pleading was the subject of one of our essays and I totally referred to what you talked about for guidance.
Glad that my Twiqbal skillz were relevant to someone/anyone. Every time somebody reads a draft of my Iqbal-related comment, their margin comments plain stop at about page 50. Even civil procedure professors can't feign interest; that's how boring this area of law is.yes it does retain jurisdiction after a final order is issued, thats not the problem, its that the appeal has been perfected....if the appellate court has authority to issue a stay, then it is exercising its jurisdictional power....my argument is that it *lost* that power when my motion was filed.
i have not been able to find much state case law which supports my position, unfortunately; but there isnt much on the other side either.
I see what you mean now. It strikes me as unlikely that some slice of jurisdiction retained after perfection could be used to divest the appellate court of its general powers. But this stuff isn't exactly my bailiwick, so I could be way off. Hope you find the case you need.
What are some LGBT friendly lower tier schools.. specifically for someone with a 149? Also, prefer part time. I've been going to undergrad in mississippi studying human rights.. I can't do the south for 3-4 more years.
Any big city in the Northeast or Northwest. Maybe Northeastern or Lewis and Clark or someplace like that.
question: when an appeal is perfected, but a statute says that the trial court retains jurisdiction, where does jurisdiction lie?
How do you mean? Jurisdiction is cabined in subject matter.
typically the trial court is divested of jurisdiction after a final order is issued and an appeal is perfected. however, if there is a rule or statute which says that in certain circumstances a trial court retains jurisdiction after a final order -- but makes no mention of appeals -- does the the trial court truly retain jurisdiction or must the appellate court remand in order to return jurisdiction?
my argument is that rule or statute trumps perfection of appeal, but i want to hear what others think before i file for reconsideration.....
No. The trial court retains all sorts of jurisdiction by default. In some cases, appellate courts even have to issue stays on execution of judgment.
Edit: I posted this then saw Jules said exactly the same thing. We're so cute together.
there gotta be caselaw on that (unless you in north dakota; they only got ice).
sometimes trial courts retain jurisdiction for certain purposes, such as enforcement of order--even one on appeal.