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The standards for a teaching degree in the USA or unfortunately extremely low. This article goes into that in some depth. That does not mean that all teachers are bad, many are outstanding, but some should not be allowed in a classroom.
yup its been just confirmed that MY case also will be heard all over again as if its never been heard. SO pretty much the first small claims hearing was a practice run for me and now I know what I can say to prove my case. Kinda worked out better this way, he cant appeal if I do win now!
WRONG! Your appeal against the counter claim will be heard. You just don't get it.
Quote:
Originally Posted by lilteacherNV
BECAUSE.......the appeals case is the final one, thats how it works
Again, your appeal to the counter claim. Have fun and of course let us know how it all works out.
yup its been just confirmed that MY case also will be heard all over again as if its never been heard. SO pretty much the first small claims hearing was a practice run for me and now I know what I can say to prove my case. Kinda worked out better this way, he cant appeal if I do win now!
When is the court date? I want to know when to check back in to see how things went in court. You'll be sure and let us know the judge's ruling, right?
WRONG! Your appeal against the counter claim will be heard. You just don't get it.
Again, your appeal to the counter claim. Have fun and of course let us know how it all works out.
Yes I know the appeal against the counter will be heard, that's the idea. However MY claim against the dependent gets to be heard again Also! So now I will be better prepared. And like I said if and when it goes in my fav the appeal stage is the end all, he can't counter after that if it goes my way
OP's insistence that she gets a trial de novo had me going to check for myself what the law actually said and not her supposed quoting of it.
And, lo and behold, the OP is correct that it is the entire case that gets a new trial before a different judge. Yes, she gets to present her case again. The issue that threw us off was in what she "quoted" because it is true that only the DEFENDENT (not dependent, OP) gets to appeal when they lose. In this case, she was the defendent in the counterclaim so she qualified to appeal. Had there been no counterclaim, she could not have appealed. But, since the case has been appealed, the entire thing gets reheard - "de novo" - as if it were new.
In the first hearing, attorneys are not permitted. In this appeal, attorneys ARE permitted. IF one of them hires an attorney, the judge may award nominal fees up to $150 and the same amount for lost wages, transportation, lodging, etc. If you want to ask for attorney fees and/or lost earnings and transportation and lodging costs, be sure to speak up during the hearing. You may be asked to prove your actual loss, so you may need paperwork (receipts, bills) showing the charges.
One more thing, OP - read this part carefully:
Quote:
And if the judge finds you filed your appeal in bad faith, the court may award up to $1,000 in attorney fees and also $1,000 for travel costs, loss of earnings, and lodging to the other side. Filing an appeal in bad faith means that:
You filed your appeal without strong support for your position;....
"And if the judge finds you filed your appeal in bad faith, the court may award up to $1,000 in attorney fees and also $1,000 for travel costs, loss of earnings, and lodging to the other side. Filing an appeal in bad faith means that:
You filed your appeal without strong support for your position;...."
She's got a ton of support for her position. Photos of the unit showing how nice it looked with her stuff in it; a little girlfriend to bring along to attest to the fact that the LL said everything was fine before the OP left even though there's nothing in writing to prove that was so; evidence from a hardware store to show that the sink she broke could EASILY have been fixed with a cheap repair kit; and as for that bit in the lease about her having to have the carpet professionally cleaned before leaving? Well, really, the LL didn't open his mouth and tell her that directly so how was she supposed to know?
You stated that you had a legally binding rental agreement inwhich it spelled out that you will professionally clean all carpets. You also acknowledge that you broke the sink and failed to show up for a final inspection. Is that right? Ok, so assuming you are actually serious and not just pretending to be completely ridiculous...lets go over it again silly point by silly point:
1) I was supposed to provide receipt from a PROFESSIONAL carpet cleaner.
Your excuse- I chose not to...
2) I broke the sink.
Your excuse-he can fix it with parts he should have in his garage, for FREE!
3) I was supposed to have a move out inspection.
Your excuse-you didn't make time.
I unlike my fellow posters feel you absolutely should file suit! What are we talking here...small claims, go to court. Please post when you have a court date...I think I would love to come and see justice in action.
I unlike my fellow posters feel you absolutely should file suit! What are we talking here...small claims, go to court. Please post when you have a court date...I think I would love to come and see justice in action.
She already filed her suit and lost. The LL won his counterclaim and now she's appealing that. You need to stock up on popcorn to follow the saga. It's really unfortunate that she turned down the opportunity to have the case heard on a court TV show - they obviously felt as most of us did that it would have made quite a memorable episode.
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