Suing Your Creditors > Sample Pleadings

Statement of Appeal

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lisser:
I've started my Statement of Appeal.

I've been agonizing over what my issues on appeal are. I know that seems odd but really there are many so I couldn't decide if I wanted to focus on one, two, ten, legal error and misconduct, just legal error, etc.

I've decided to list them all and if the Circuit Court decides to just pick one and ignore the rest, great. As long as I get the end result I want, fine.

I don't want to get too far in to this and find out I'm on the wrong path so I want opinions on what I've got so far.

Introduction

        This case arises from a credit card debt the Plaintiff-Apellee alleges the Defendant-Appellant owes.  The issues on appeal are:
1.   Whether the District Court has jurisdiction in light of the arbitration clause in cardmember agreement binding in this claim.
2.   Whether the standard for Summary Judgment was met.
3.   Whether the District Court overlooked disputes of material fact.

Does this seem like a good introduction? Should I mention the misconduct as an issue on appeal? Are the issues I've listed on appeal appropriate?


KFMAN:
You might mention the Conception case along with reading the terms of the contract.  They judge doesn't have the right to change the terms and conditions of the contract since they didn't make it up.

lisser:

--- Quote from: KFMAN on April 22, 2012   09:53:00 PM ---You might mention the Conception case along with reading the terms of the contract.  They judge doesn't have the right to change the terms and conditions of the contract since they didn't make it up.

--- End quote ---

Yes I definitely plan on addressing ATT v Concepcion in my points and authority section of my statement of appeal.

The first thing I have to do is an introduction and then tell the court if I want an oral argument or just written.

I just want to make sure I'm hitting everything that I need to in my introduction or if things need to be added.

KFMAN:
What happened in your case?  Did the court deny your right to Arb?

lisser:

--- Quote from: KFMAN on April 22, 2012   10:56:23 PM ---What happened in your case?  Did the court deny your right to Arb?

--- End quote ---

Yes.

The judge said, "Today is just not your day, I find your motions (MTC and MIOSJ) nothing more than a delay tactic."

The Plaintiff argued waiver due to litigation conduct yet the judge made his own decision based on delay.

I can send you my MIOSJ if you PM me your email so you can see what the judge ruled against.

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