QUESTION

Are there any OPTIONS after a APPEAL dismissal

Asked on Oct 29th, 2012 on Civil Litigation - Ohio
More details to this question:
N/A
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1 ANSWER

Samir Dahman
It depends.  Was your appeal "dismissed" or was it heard and overruled?  If it was dismissed, then there may have been procedural defects with your case and it can no longer be appealed for jurisdictional reasons. In Ohio state court, you may apply for an appeal the case to the Ohio Supreme Court.  Such an appeal may be either a discretionary appeal, an appeal that claims to involve a substantial constitutional question involving either the U.S. or Ohio Constitution, or an appeal that originated in the appellate courts. In federal court, the court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case.  A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case. The Supreme Court, however, does not have to grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal.
Answered on Oct 30th, 2012 at 9:06 AM

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