After reading and contemplating appeals on preliminary injunctions, I think its useless to try and do it. Sigh........he can file a counter-petition and hell make me look bad and probably put a lot of untruths in there as he usually does. Then hell charge the Estate for it. I dont like not having any options and I dont like our laws being written to feed Attorneys and Courts...and not really in the peoples best interests ..... for every option you have to defend yourself, SOMEWHERE IN THE STATUTE is an option for the other party, making nothing cut and dry and nothing gauranteed GIVING EVERY AVAILABLE OPTION FOR 2 ATTORNEYS TO DUKE IT OUT while someone is laughing at it all. Trials are a lot like that too. I should know. The thing that got me the most was the fact that INTER-LOCULATORY APPEALS which is what I would have to file because this is not finished and there is another party involved (THE TRUSTEE).........Interloculatory appeals are frowned upon it says BY THE APPELLATE COURT BECAUSE THE PROCESS IS NOT FINISHED. IT ALSO STATES IN THE LAW THAT IF YOU DONT APPEAL THE TRO/PRELIMINARY INJUNCTION then the appellate Court has no jurisdiction to rule on an appeal. I truly think I read that somewhere, I read a lot of material. Appeals are made on the FINAL JUDGMENT of a case. If its not, if there is a component of it still going THEN YOU HAVE TO FILE INTERLOCULATORY APPEAL, the only real valid NON-FROWNED UPON reason for doing this is something that needs remedying right away, and mainly if the Court has no jurisdiction presiding over the case. THIS COURT HAS RULED IT HAS JURISDICTION. I BEG TO DIFFER. If right in the Appeals section of the Supreme Court Rules, it states that : Rule 301. Method of Review Every final judgment of a circuit court in a civil case is appealable as of right. The appeal is initiated by filing a notice of appeal. No other step is jurisdictional. An appeal is a continuation of the proceeding. *********no other step is jurisdictional************** WHAT DOES THAT MEAN? IT MEANS WHEN THERE WAS A RULING ON SELLING THIS REAL ESTATE AUGUST 20, 2014 AND IT WAS A FINAL RULING BECAUSE THE SAME MOTION (in substance) HAD BEEN PUT FORTH FEBRUARY 27TH, 2014--THAT THE ONLY STEP THE ATTORNEY HAD THAT GOT DENIED THE RIGHT TO SELL THE REAL ESTATE, HE WROTE IT IN HIS OWN WORDS ON THE COURT ORDER.......... WAS TO APPEAL...................HE DID NOT. HE WENT AND SIDE STEPPED THAT WHOLE ISSUE AND GOT ANOTHER COURT TO RULE ON THE SAME DANG ISSUE. Even though there was a contract involved in this, this was not about a contract. This was about a vaguely worded allegation/affadavit that his client was going to be irreparably harmed if I didnt stop doing what I was doing (that is a restraining order--not to mandate someone to do something, that is a permanent injunction!). So the substance of February 2014 was the rights of the parties in the land trust matter (same substance used to grant this injunction) and the substance AGAIN on August 20, 2014 was the rights of the parties and to sell the real estate in which you would HAVE to determine the rights of the parties, but he didnt need to put that in there because he had it in the first motion. AND THIS INJUNCTION RULES ON THE RIGHTS OF THE PARTIES AND DECIDES IT FOR THEM. You have to in order to compel someone to sign something against their will. The August 20, 2014 ruling gave me the right to sell the real estate as beneficial owner with 50 percent interest and equal indefeasable power of directive AS ANYONE ELSE WOULD THAT OWNS PROPERTY. WITH ALL THE RIGHTS THAT THE LAW GIVES ME AND THAT THE LAND TRUST DOCUMENT GIVES ME. THAT RIGHT INCLUDES TO NOT SIGN A CONTRACT, OR NOT SIGN IT FULLY, even IF there are (which there werent) monetary debts stemming from the decision--but there werent. IF A CONTRACT STATED THAT A REALTY AGENT GOT PAID WHEN THEY BROUGHT YOU A WILLING READY ABLE BUYER THEN YOU WOULD HAVE TO ACCEPT EVERY OFFER A BUYER THAT THEY BROUGHT YOU SUBMITTED. Well we know that is not true--BUT THATS ONE OF THE BASIS FOR THE INJUNCTION. There is no such clause that can cause a seller to have to pay the Realtor UNTIL THE OFFER CONTRACT IS ACCEPTED AND FULLY SIGNED. Lies, lies, lies..............concerted effort between a Realtor that wants $$$$$ and a lawyer willing to aid and abet that Realtor because his client has delinquent realty taxes and most likely other bills to pay. AND HEY IF YOU WILL BELIEVE THEM, THEN THE HARD PART IS OVER. And THAT is why this Court has no jurisdiction, and even though among the many other reasons this is so above the law (and I do believe the Judge used bad legal discretion when granting it..........) this is the main reason that might sustain an interloculatory appeal. But he will just counter it. And they might say they put it through chancery, but IT HAS THE PROBATE CASE NUMBER AT THE TOP. So its clearly going through probate. And the bottom line is I am not keen on doing an appeal myself. Nor am I Ivana Trump and money is no issue. Appeals are not as hard as the lawyers make them sound and they just like to trump up the fees because its an appeal............ but its really not a lot different FOR THEM from regular Courts and if anything easier, because ITS ALL DONE THROUGH THE MAIL IN MOST CASES. The steps are 1. file the interloculatory appeal (if the case hasnt been finally decided upon AND WITH A PRELIMINARY INJUNCTION THAT NEVER ENDS AND HAS NO EXPIRY IT CANT NOW CAN IT?) (done on purpose) (its like a game of chess to these people for us its a nightmare). 2. file it within 30 days of the denial of your motion to vacate or dismiss the injunction. IF YOU DONT FILE A MOTION TO VACATE OR DISSOLVE THEN YOU CANT APPEAL BECAUSE YOU WONT GET A DENIAL. 3. In the same 30 days and in the same week that you file the appeal in the trial court, you have to file the appeal with the appellate court......... same as motions but instead of using plaintiff and defendant you use the appellee or appellant..........and its online how to make the appeal in form ... I wont say where or someone will most likely banish it from the internet. No they wouldnt do that would they? Not taking any chances. I can imagine what its like in their law library and how worn out you would get trying to find information that they have through software and Nexus Lexus. 4. You serve the opposing party and then you file your BRIEF to the Court. Within 7 days the opposing party files a BRIEF and then you within 7 days file your reply to that brief. Thats as far as I got. I pretty much think besides waiting to see if the Appellate Court wants additional information (and I have heard lawyers stating this is the reason for hiking the fees for appeals is because the Appellate Court asks for so much through the mail--though I doubt this in all cases is true).........and if they want additional information you send it to them and they rule and thats it. THEY ONLY RULE ON THE ERROR IN DISPUTE and no new stuff if I remember right, you cannot add anything to it, unless its in the original motion, and you forgot (?) something like that. But you only have so much time frame for which to do this. AND FOR A PERSON WITH A DISABILITY THAT LIVES WITH CHRONIC PAIN OR SOME MENTAL DISABILITY THAT WOULD BE PRETTY DIFFICULT TO KEEP UP WITH ALL THIS WOULDNT IT? Do you have a choice? Oh sure, um State funded Legal Assistance from Legal Aid right? I have found out when I had them help me years ago, that they work for the Court basically and the law and the way they interpret it and dont really serve your best interests unless they think you are dreadfully wronged in their eyes. And they dont do motions to substitute Judges in the first 10 days which is YOUR LEGAL RIGHT if you think youre not going to get a fair shake. Consequently, Judges have become all smiles and warm and fuzzy FOR THE FIRST 10 DAYS and then on the 11th day you find out what they are really like and yea, thats nice isnt it? (this is the reason people are so bent out of shape and decide to live a life of crime or unsavory things--BECAUSE THEY ARE OPPRESSED BY OUR LAWS AND OUR COURTS) (not saying that is a valid excuse for doing that--just giving it notice thats all as a reason someone might have a bad attitude, and decide to become someone you wouldnt want in your neighborhood, or that you think is a lazy ingrate) (people are shaped by their environment yet if they are, and if they do this, they wear a label for a very long time, when perhaps its the JUSTICE SYSTEM that was really to blame and the people that made the laws to begin with). **********that domestic battery law in IL is completely bogus and really caters to someone that is out for vengeance on someone else********************* And I realize this would be much better served having a lawyer do this appeal. BUT FOR THOSE OF US WHOSE LAWYERS BECOME WRAPPED AROUND THE OPPOSING ATTORNEYS FINGER AND DECIDE TO WORK FOR THEM INSTEAD OF THEIR CLIENT.............sigh or for those of us that desperately seek a lawyer and they either dont call back or state they cant take the case due to the complexity of it after having called the opposing Attorney...... well we have to wing it or give up. THAT IS NOT A REASON WHY YOU CANNOT OBTAIN A LAWYER OR HAVE TO BE YOUR OWN LAWYER AS FAR AS THE COURTS ARE CONCERNED because that is not something you can prove. And sometimes you have to eat crow because even though you know youre right..........power is most often found in the hands of the many, not the few. Unfortunately you have to weigh the options and decide whether you can stomache it. I have been through so much lately........I dont think I can. I cant get an appeal lawyer either..........every time someone calls this jerk AND YOU HAVE TO MENTION WHO THE OPPOSING ATTORNEY IS SO THEY CAN CALL THEM AND GET THE SCOOP........... They cant just take your bloody word for it................. then you get well this case is too complex or even worse no excuse at all. *********all he needs to say is that you got rid of your Attorneys or they all didnt work out or some crap like that..........or worse...........but he would never mention the manipulating he did in order to achieve the ability to say such a thing about you to someone that is calling him up looking for info on the case/possible client. **********I wonder if they see that armed and dangerous thing on the LEEDS report when they screen me?************** how can someone be armed and dangerous with a camera and coffee in their hands? ********************************************************************************** So what really happened here? Well, lets look at it backwards..........its easier............... Even though an interloculatory appeal is not a regular appeal and is frowned upon, THATS ALL YOU CAN DO BECAUSE some Judge didnt put an expiry on the preliminary injunction............and theres a 3rd party involved (the Trustee)....... yet JUST SO YOU COULD THINK ABOUT APPEALING interloculatory--YOU HAD TO FILE A MOTION to vacate and dissolve even though you knew it would be denied...........you would have no basis to spend 3 weeks deciding even if you wanted to appeal if you didnt. And a lot of things have gone on in the last 3 weeks.........I was sick with a sinus infection that may not be gone yet..........Im deciding if it is.....its definitely better...........but it could reappear because they sometimes do. ESPECIALLY WHEN YOU HAVE A NERVOUS HABIT OF PICKING YOUR NOSE WHEN YOU GET STRESSED OUT.......... oh yes I have shoved peanut butter up there even. Ok, so I just got a call from my daughter and she wants to Skype. I hope she doesnt babble about the same redundant crap that I cant do anything about, only she can. Besides Im done. Enough thinking about this, I guess I have made my mind up. The way they did this was manipulative..............and doesnt leave me much recourse. Even if I think Im right. And I do. I think I would have just gone on the jurisdiction thing completely and no other reason. But of course they may know something I dont. As there is a lot of law out there. Frankly Ive had my fill of this. Its insanity really.............to cater to one disabled party and **** on the other one, who has just as many problems if not more, though they may be different somewhat. Just because the other one has caved to not even trying to do things on her own anymore and just letting others do it for her. And using her rights as a disabled person under the law to get what she wants. Thats probably what this all boils down to. A disabled person and her rights under the law to be protected. Even at someone elses expense.
Posted on: Mon, 10 Nov 2014 23:36:24 +0000