no, no listen to me, i have thousands of posts so i know what i'm talking about!!!!
Messages - Thistle
« on: February 15, 2010, 05:38:22 PM »
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.
no, and i would have put every mustard i had on it for you, just to make sure.
« on: February 13, 2010, 09:52:44 AM »
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.
ya know, even if i dont, its still billable hours.......
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.
not l&c with a 149
« on: February 12, 2010, 06:33:43 PM »
question: when an appeal is perfected, but a statute says that the trial court retains jurisdiction, where does jurisdiction lie?
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.
« on: February 11, 2010, 08:31:29 PM »
there gotta be caselaw on that (unless you in north dakota; they only got ice).
the case law is spotty. for some other rules, it says that the appellate court must remand. the cases i am going to rely on say that the appellate court has jurisdiction unless contravened by statute or rule.
i dont think i'll win, the trial court judge doesnt want to hear this mess lol
« on: February 11, 2010, 07:35:29 PM »
sometimes trial courts retain jurisdiction for certain purposes, such as enforcement of order--even one on appeal.
thats going to be my argument, that the rule divests the appellate court of jurisdiction until the final ruling. they will probably take an interlocutory, but i should have my contempt motion ruled on anyway, the appellate court doesnt have jurisdiction over enforcement of a judgment