good argument can make a difference
Kingsman Funding
Making a clear argument can make a difference.
In one case our party failed to file the proper notice of appeal and by the time she found out her mistake by motion to dismiss her appeal from the other side it was beyond the time under the rules to correct her error. What to do?
What she was appealing was a summary judgment order in an eviction case where there were material facts in dispute and the order was issued against her property without hearing. Outrageous in such a case!
But what to do now?
Well, there were real reasons why she believed it was a regular appeal and did not file what she should have and none of it was her fault.
She thought from what her former attorney had said the case was moved from the eviction court to superior court by their motion. Actually it went to the Superior Court on an appeal from the eviction court instead.
We show you this from the opposition that was filed and now has been granted allowing her to correct her appeal of the court’s decision on summary judgment so justice can move ahead. Here are the clear facts the court saw and therefore denied dismissal of her appeal:
As cited by the Plaintiff, Pursuant to OCG.A. § 5-6-35(a)(11), an application for discretionary appeal is required in this case because the Superior Court decision was a review on appeal of a Magistrate Court Judgment decision.
As the court is aware, since about 9/8/17, Attorney xxxxxxxx, the Defendants’ former Counsel has undergone threatening health complications. He had been admitted at xxxxxx Hospital in xxxxxxxxx. He was admitted for emergency treatment, intensive care and therapy and is advised prior to that he was essentially only partially able to function in his responsibilities as an attorney and therefore this Defendant was never able to sufficiently communicate directly with her attorney during that time and had to rely on the knowledge and understanding of his surrogates immediately before and after the Court’s order of October 30, 2017 where was the Attorney was WITHDRAWN as counsel for Defendant.
Since taking over her case and prior in communications with the staff of her former attorney she had continually been given the understanding that this case was in the Superior Court on granting of the Plea in abatement filed by her attorney May 18, 2017.. See attached exhibit PA, not on any appeal from decision by the magistrate court. Until the Plaintiff filed their present motion to dismiss appeal, and provided the documentation they did, this Defendant had no knowledge that the case was in fact in the Superior Court on appeal of the magistrate judgment. This was never told her by her attorney’s staff and in fact as stated above she was given from them the understanding the case was in Superior Court on granting of the Plea in abatement. She had no reason to question what her attorney’s office was telling her or reason to investigate this and accepted it as the actual history of the case. All of which incomplete and mistaken communication was the unavoidable consequence of her former attorney’s incapacitation.
As a result, when the court granted summary judgment this Defendant had no reason to believe there was any other than to file a notice of appeal to the appellate court system, which the record shows she did the day after the order was filed as noted by the Plaintiff’s motion.
Defendant will file Pursuant to O.CG.A. § 44-7-56, an application for discretionary appeal regarding a dispossessory matter. And will file seeking an extension of time to file an application for discretionary appeal with the proper appellate court within the next week. And asks the court to honor this delayed action on her part to not penalize this Defendant for confusion and faulty information given her concerning her case that was beyond her power to know otherwise, due to the unavoidable consequence of her former attorney’s incapacitation.
With the allowances sought from this court due to events beyond anyone’s control Defendant's appeal efforts will then be proper and there will be no basis then to dismissed on any grounds here cited and the motion must be denied. And Defendant prays the Court that it be so ordered.
Which is exactly what they did.. Sometimes the court will honor the truth. It is always best to use it. If there are questions we will try to answer.
Dr Weatherly
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On another very important subject let me add something.
Most people don't understand this, but God was in Christ paying for all our sins on the cross and its over and done and finished and He's not angry with us about anything any more.
The Bible says, He is for us, not against us.
He died in our place to purchase us for Himself and if you'll give in to Him, there's nothing He won't be able to do in your life.
I know, I have been with Him for 40 years.
And when we finally leave this world, we'll live with Him forever,
if we belong to Him.
If you need to think about that or you have someone in mind that does, I'll be glad to talk with them. My number again was 662-489-6554. I just wanted you to know that.
Dr. Weatherly
