Visitor Question

Problems Getting to Trial…

Submitted By: Morris (Lauderhill, FL, USA)

I was walking across the street in a crosswalk and was struck by a car. While I was trying to get a personal injury trial the defendant’s lawyer fabricated a lie, saying that I owed him $7,000. The judge believed him and issued an order to stay all proceedings (including going to trial) until I paid him the money.

How do I get around the judge’s ruling so we can get back to trial? I don’t owe him a penny and can prove it.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Morris,

It sounds like your lawsuit was interrupted by an ancillary matter involving an allegation of money owed to another attorney.

The judge’s ruling was apparently made during your personal injury trial. It is easy to tell by looking at the cause, or case number. If the hearing on the attorney’s allegation of you owing him money occurred during your personal injury trial there shouldn’t be a separate cause or case number.

There isn’t any way to “get around” the judge’s decision. You can though, appeal her decision. To do so you will need to file what is known as an interlocutory appeal. That is an appeal of a judge’s decision which was made during a trial.

Filing an interlocutory appeal is a delicate issue. You will be challenging a judge’s decision. To successfully do so you will have to attach to your interlocutory appeal a legal brief, or memorandum. That brief or memorandum will have to be supported by case law. That means you will have to either subscribe to West Law, or go to a law library and do some legal research.

Appellate judges scrutinize interlocutory appeals very carefully. Appellate judges are loathe to overturn a lower court’s decision, especially for an interlocutory appeal. Other than an interlocutory appeal, you don’t appear to have any other options.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 27, 2011

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