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Author Topic: Exile LSD: GD MrZilla Foxtrot Locked Me Out  (Read 1800896 times)

Julie Fern

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Re: Exile LSD: The Law School Years
« Reply #57570 on: February 11, 2010, 10:25:12 AM »
sometimes trial courts retain jurisdiction for certain purposes, such as enforcement of order--even one on appeal.

Thistle

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Re: Exile LSD: The Law School Years
« Reply #57571 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
non ex transverso sed deorsum


JD

Julie Fern

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Re: Exile LSD: The Law School Years
« Reply #57572 on: February 11, 2010, 07:45:13 PM »
there gotta be caselaw on that (unless you in north dakota;  they only got ice).

Thistle

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Re: Exile LSD: The Law School Years
« Reply #57573 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
non ex transverso sed deorsum


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violaboy

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Re: Exile LSD: The Law School Years
« Reply #57574 on: February 12, 2010, 11:05:00 AM »
The ads on this site are getting a little bit shady; I just saw one for a gay dating site. Too much for my Mormon eyes.

violaboy

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Re: Exile LSD: The Law School Years
« Reply #57575 on: February 12, 2010, 12:50:56 PM »
Said it many times before, likely say it many times again:

Firefox + Adblock Plus = 8)

Maybe I don't mind seeing the pictures of shirtless men ;)

'blueskies

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Re: Exile LSD: The Law School Years
« Reply #57576 on: February 12, 2010, 04:40:37 PM »
it's snowing!
awkward follows you like a beer chasing a shot of tequila.

reez

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Re: Exile LSD: The Law School Years
« Reply #57577 on: February 12, 2010, 05:18:02 PM »
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.

Jamie Stringer

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Re: Exile LSD: The Law School Years
« Reply #57578 on: February 12, 2010, 06:00:57 PM »
The ads on this site are getting a little bit shady; I just saw one for a gay dating site. Too much for my Mormon eyes.

You might be telling on yourself because my ads are totally different :)
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Jamie Stringer

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Re: Exile LSD: The Law School Years
« Reply #57579 on: February 12, 2010, 06:04:18 PM »
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.
Quote from: Tim Mitchell

F*cking bi+ch drinks a 1 oz bottle of goose and thinks she's French