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Articles Posted in Appellate Practice

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Estate’s Faulty Notice Sinks Appeal; Parties Lectured On Rules; Born To Worry

Illinoisappellatelawyerblog was born to worry. And opinions like Estate of York feed that congenital behavior. The First District Illinois Appellate Court woke us to attention with its first words. “The case before us serves as a cautionary tale to litigants to adhere to Illinois Supreme Court Rule appellate filing deadlines,…

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Illinois Supreme Court Can’t Decide Chicago Red-Light Camera Case

The Illinois Supreme Court’s single-paragraph opinion in Keating v. City of Chicago, 2014 IL 116054 (11/20/14), is remarkable because the court was unable to render a decision. The case involved the validity of Chicago’s red-light camera program [registered owner ticketed if the vehicle is photographed violating a red-light signal]. The…

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Lack Of Notary Dooms Husband’s Notice Of Appeal

Anita and Sushil Sheth got divorced. Sushil was custodian on several of the couple’s two children’s financial accounts. Anita asked the trial court to remove Sushil as custodian. The trial court did so, and also denied Sushil’s reconsideration request. Sushil appealed. He apparently mailed the notice of appeal within the 30-day…

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Explain Yourself In Your Subhead

We are nothing if not current. An article published in 2003 about effective subheadings, available here for the clicking, was referenced at the top of a “legal writing” Google search I just did. Authors Kara Thompson and Zach Brez for the Writing Center at the Georgetown University Law Center, did…

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Ninth Circuit Appellate Practice Guide Posted

The Appellate Lawyer Representatives’ Ninth Circuit Practice Guide is available for the downloading from the Ninth Circuit’s web site. It’s a how-to for preparing and filing a brief in the federal appellate court out yonder in California. But it’s chock full of good tips no matter what jurisdiction you find…

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Wrong Court, Late Filing, Bad Service Deprive Appellate Court Of Jurisdiction Over TRO Appeal

Nadeem Nizamuddin was expelled from school. He asked for and received a temporary restraining order against Community Education in Excellence, the operator of the private school, staying the expulsion at least until after a preliminary injunction hearing. Excellence appealed the restraining order. But its appeal was dismissed for failure to…

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Subpoena In Plot-To-Kill-Former-Wife Case Gets Full Appellate Review Despite No Opposing Brief

Carolyn Mahoney sued her former husband, Billy J. Cox, and his lawyer, Marc Gummerson, for plotting to kill her. Cox was in jail, so Mahoney served the Illinois Department of Corrections with a subpoena to find out information about the plot. The DOC asked the trial court to quash the…

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Injured Party’s Appeal Dismissed For Violations Of Appellate Brief-Writing Rules

Peggy Lee Hall claimed she was injured when she slipped on ice in a parking lot owned by Naper Gold Hospitality LLC. She sued Naper, but the company got summary judgment because Hall did not show facts that there had been an unnatural accumulation of ice. Hall appealed Naper’s summary…

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Illinois Appellate Lawyer Blog Launches “Two Tips”

Always thinking about you and devising unique reading and viewing experiences for our audience, Illinois Appellate Lawyer Blog announces a new series: ♪♪♪ Two Tips ♪♪♪ Two Tips, offered by legal writing and strategy experts, will suggest ways you can improve your brief writing. The tips will be in various…

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“Point Made” Author Regales About Appellate Brief Writing

Ross Guberman is the author of Point Made: How to Write Like the Nation’s Top Advocates. Go here to read illinoisappellatelawyerblog’s review of Ross’s book. We liked it so much, illinoisappellatelawyerblog asked Ross to answer a few questions about appellate brief writing. Here is Part 1 of that Q&A. Is…

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