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Appeal & Enforcement

Every judicial system provides for review by an appellate court of the decisions of the trial court. When the system has two levels of appellate courts, appeal usually lies initially to one of the intermediate courts! 

review at the highest level is only at the discretion of that court except in certain classes of cases.

Most states provide that the appellant must, within specified times after judgment is entered,give notice of appeal to the trial court and opposing parties, file an appeal bond to guarantee to pay costs that may be charged against him on the appeal, and file with the clerk of the appellate court a transcript. The transcript shall contain the record of the testimony, a copy of the judgment9 decree,or order appealed from,and other papers relevant to the appeal.

The parties present their contentions to the appellate court by written briefs and in addition, in most cases,by oral argument. After the oral argument» the court prepares a written opinion stating the applicable law involved and giving the reasons for its decision. The court, by its decision, may affirm or reverse the court below, or may remand the case for a new trial. After this, the dissatisfied party may request a rehearing or a further review of the case.

Usually, only the legal rulings of the trial court are subject to review. Very seldom are the jury's or judge's factual findings reversed on appeal.

After the appeal and whatever further proceedings that may take place, or,if no appeal is taken, when the time for appeal expires, the judgment is final. It cannot be challenged in another proceeding.

After judgment becomes final, if the losing party does not voluntarily comply with it, the judgment creditor will apply for a writ of execution. This writ directs the sheriff to seize the personal property of the judgment debtor and to sell enough thereof to satisfy the judgment and to cover the costs and expenses of the sale.2 If the proceeds from such sale do not produce sufficient funds to pay the judgment, the unpaid judgment creditor is entitled to have the real estate of the debtor sold at a judicial sale and to have the net proceeds of the sale applied on the judgment.a He also has a judicial lien on any real property acquired by the debtor during the life of judgment.

An unpaid judgment creditor can also "garnish" the wages of the debtor or his bank account or any other obligation owing to him from a third party.4 In the process of garnishment,the person owing the money to the judgment debtor will be directed to pay the money into court rather than to the judgment debtor, and such money will be applied a-gainst the judgment debt.

A plaintiff who fears that the defendant will dispose of his property before the court is able to enter a final decision will use the method of attachment. By attachment,the plaintiff has the property of the defendant seized, pending the outcome of the lawsuit.

Writs of execution, garnishment and attachment proceedings are governed by state statutes. These statutes exempt certain property from writs of execution and garnishment and provides methods for defendant to set aside attachment.

Answer the following quesiions:
1. What does an appellate court do?
2. Can a dissatisfied party appeal any time after judgment is entered at trial court?
3. What should the appellant do for appeal?
4. When does a judgment become final?
5. What can a judgment creditor do if the debtor does not comply with the judgment?
6. What is a writ of execution?
7. What can be used to satisfy the judgment debt?
8. What is garnishment? What is subject to garnishment?
9. What is attachment? What is the purpose of attachment?
10. Are there restrictions to attachment and garnishment?

The judgment is the final determination of the lawsuit,absent an appeal. Judgment may be rendered on default when the defendant does not appear \ or following the granting of a motion to dismiss or a motion for summary judgment ; or upon the jury,s verdict, or the findings of fact and conclusions of law of the trial judge in a non jury case. The judgment may be in the form of an award of money to plaintiff, a declaration of rights between the parties, specific Arecovery of property, or an order requiring or prohibiting some future activity. When defendant has prevailed, the judgment generally will not be “for” anything nor will it order anything it simply will provide that plaintiff takes nothing by his complaint.

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