QUESTION
Would a state appellate court reversal of a circuit court dismissal require the refilling of the case and be considered a new case?
Asked on Feb 16th, 2013 on Personal Injury - California
9 ANSWERS
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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Without reading the appellate court opinion, it's a little hard to say for sure, but ordinarily if the trial court dismisses the case and the appellate court reverses, the original case is revived and the parties should resume litigation in the trial court.? It would not be necessary or appropriate to file a new case. Maybe a close reading of your appeallate court decision will give you a clearer answer.
Answered on Feb 26th, 2013 at 2:34 AM
Ronald A. Steinberg
No. You just keep litigating the earlier case.
Answered on Feb 25th, 2013 at 6:58 PM
Since you have mentioned a circuit court, it appears that you are not talking about Nevada state courts. Generally speaking, the appellate opinion should tell you what to do. If at all possible, you should continue with the original trial level case rather than filing a new case. Otherwise, you will probably have statute of limitations problems and deadlines.
Answered on Feb 21st, 2013 at 7:08 PM
James Eugene Hasser
The trial court should reinstate the case and it will not have to be refilled.
Answered on Feb 20th, 2013 at 2:06 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, the reversal means that the case goes back to the district court for further action.
Answered on Feb 20th, 2013 at 2:05 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This does not appear to be a New York State courts question. Check with the court clerk, they are usually quite helpful.
Answered on Feb 20th, 2013 at 2:05 PM
Christian Joseph Menard
Not normally. Usually a reversal is with instructions to the lower court to set aside the dismissal and allow the case to proceed. It would not be a new case.
Answered on Feb 20th, 2013 at 2:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your answer is in the appellate court decision.
Answered on Feb 20th, 2013 at 2:04 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your question does not make sense. We have no state circuit courts. The only circuit we are a part of is the Fourth US Circuit headquartered in Richmond. Our state appellate court has no jurisdiction over that federal court.
Answered on Feb 20th, 2013 at 2:04 PM