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foolish

Appeal

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On appeal can a appellant cite to the record [e.g., different filings] of a previous appeal in the same primary case but a different received a different docket number at the court of appeals??, where interlocutory appeal was dismissed for lack of jurisdiction.  The reason I ask is to make convenient on the court and parties. .  

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2 hours ago, LegalwriterOne said:

You can ask the court to take judicial notice of the other case but you cannot argue or cite that record.  The appeal has to be based upon the record in the current case.

 

Same case, second appeal, the first was an interlocutory appeal which was assigned different docket number, in the interlocutory the issues appealed was an order denying motion to amend complaint. I wanted to cite to the docket filing in this case to make the brief (arguments) less lengthy while readdressing issues I believe core and helpful to my case. 

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1 hour ago, foolish said:

 

Same case, second appeal, the first was an interlocutory appeal which was assigned different docket number, in the interlocutory the issues appealed was an order denying motion to amend complaint. I wanted to cite to the docket filing in this case to make the brief (arguments) less lengthy while readdressing issues I believe core and helpful to my case. 

 

BTW, the issues in motion/brief was considered moot,  since appeal was dismissed for lack of jurisdiction because the order was not a final,  I considered the judicial notice option, But I thought the best option was citing to the previous arguments since it incorporates those arguments, thereby lessoning my brief/motion.  Any constructive ideas 

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2 hours ago, LegalwriterOne said:

If you want to argue the issues raised in the prior appeal, you do that while asking the court to take judicial notice of the prior appeal.  The docket entries are not the proper way to do it.

 

Okay, motion the court to take notice of prior appeal and certain docket entries, it sounds reasonable, I just don't want overburden the court with unnecessary motions, yet I also don't want a extra lengthy motion/ or brief, since its actually covering two issues in one final appeal. The real issue is a correction of a finding that if not brought to the courts attention hence with out correcting will prove judicially fatal for my right to proceed on certain claims,. .  (in my case its a order that incorrectly finds a letter saying something that the letter says the complete contrary, that needs correction because it was cited by the recent order on appeal)  

 

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