why do people bother with appeals and do nothing???

centex · 12-20-2007, 12:12 PM

Three separate cases in today's handdowns from the 14th COA in Houston, all appeals that were dismissed for the appellant's failure to follow simple direction from the Court.

One case had no fees paid or a request for waiver filed, so the court sends the notice. Notice is ignored. Case dismissed.

One case had no reporter's record and there was a later response from the reporter that no record was prepared. Appellant directed to prepare a brief. Appellant never bothers to respond. Case dismissed.

One case where notice was sent that reporter's record needed to be paid for prior to the reporter preparing it for submission, appellant given fifteen days to make arrangements. Notice from Court ignored. Case dismissed.

Why do people even bother appealing a decision if they are not going to follow through? It is a tremendous waste of court resources. Two of these cases clearly had the filing fee paid for the appeal, so that was additional money simply pissed away for failure to follow simply procedure. Is it really *THAT* difficult to open a letter from the Court and say "oh, I need to get that done..."

I'd much rather those people simply fade away into obscurity and leave the Court with more time to deal with real issues where people have been diligent with complying with the TRAP (Tx Rules Appellate Procedure) and don't ignore the letters from the Court. Time spent having to formally issue the per curiam opinions and following up on the nuisance appeals would free up time to review cases with merit...

Enigma · 12-20-2007, 09:57 PM

Were they all pro se?

VexatiousLitigant · 12-21-2007, 10:49 AM

I agree. That would be like starting a sentence and not fin

centex · 12-21-2007, 11:36 AM

Quote:

Originally Posted by Enigma

Were they all pro se?

yes

drivel · 12-21-2007, 02:04 PM

Pro se is latin for Lazy in most cases

Enigma · 12-21-2007, 02:24 PM

Quote:

Originally Posted by drivel

Pro se is latin for Lazy in most cases

I agree.

Most likely they thought the filing of an appeal was it. Did not realize they were going to have to do some work, spend some money for court records, etc.

spinn · 12-21-2007, 06:43 PM

Quote:

Originally Posted by drivel

Pro se is latin for Lazy in most cases

Q. What's the difference between a cat and a lawyer?

A. One's an arrogant creature that will ignore you contemptuously unless it thinks can get something out of you. The other is a house pet.

roybean · 12-21-2007, 07:55 PM

Quote:

Originally Posted by spinn

Q. What's the difference between a cat and a lawyer?

A. One's an arrogant creature that will ignore you contemptuously unless it thinks can get something out of you. The other is a house pet.

So what's the difference?

Enigma · 12-21-2007, 09:35 PM

Quote:

Originally Posted by spinn

Q. What's the difference between a cat and a lawyer?

A. One's an arrogant creature that will ignore you contemptuously unless it thinks can get something out of you. The other is a house pet.

Why was this even necessary!?

spinn · 12-21-2007, 09:44 PM

It was necessary because laziness is not the reason pro se's feel overwhelmed and then give up.

Not everyone can afford a $400 an hour attorney and are painted into the corner of defending themselves. Do the attorneys who think pro se's are "lazy" have to work full time, come home, feed their families and then study an unknown profession until midnight?

Despite what attorneys think, they do not have a monopoly on intelligence, just the law.

Yes it is unethical, immoral and in poor taste to file an appeal and then not follow up on it.

It is also in poor taste to sewer serve people, or lie to people, or use the courts to take money from people who simply cannot defend themselves.

Are pro se's any more unethical than lawyers?

Didnt an attorney, actually a judge, just sue some poor immigrants for $54 million over a lost pair of $20 pants, nearly bankrupting them?

Enigma · 12-21-2007, 10:02 PM

Quote:

Originally Posted by spinn

It was necessary because laziness is not the reason pro se's feel overwhelmed and then give up.

Not everyone can afford a $400 an hour attorney and are painted into the corner of defending themselves. Do the attorneys who think pro se's are "lazy" have to work full time, come home, feed their families and then study an unknown profession until midnight?

Despite what attorneys think, they do not have a monopoly on intelligence, just the law.

Yes it is unethical, immoral and in poor taste to file an appeal and then not follow up on it.

It is also in poor taste to sewer serve people, or lie to people, or use the courts to take money from people who simply cannot defend themselves.

Are pro se's any more unethical than lawyers?

Didnt an attorney, actually a judge, just sue some poor immigrants for $54 million over a lost pair of $20 pants, nearly bankrupting them?

What does this have to do with ethics, or $400 per hour lawyers, or sewer serivce?

The good folks that filed the appeals were given simple directions to follow, they failed in that task.

In most jurisdictions to file an appeal you need a transcript of the proceeding, that cost money. If you don't have the funds to do what is necessary, then don't do something.

centex · 12-22-2007, 06:44 AM

Quote:

Originally Posted by Enigma

The good folks that filed the appeals were given simple directions to follow, they failed in that task.

In most jurisdictions to file an appeal you need a transcript of the proceeding, that cost money. If you don't have the funds to do what is necessary, then don't do something.

Not to mention, that appeals are not filed without cost. Only if a waiver is granted does the appellant get the free pass. The 14 different COA's in Texas are all pretty specific in their letters regarding deficiencies and they have, on more than one occasion, bent over backwards to give a pro se appellant extra time to include unrequested extensions. Yet people STILL don't bother to do what is required...they won't even bother to write the Court and say they are overwhelmed and wish to withdraw the appeal.

spinn · 12-22-2007, 10:54 PM

I apologize for my earlier posts....I had a lousy week and I was more irritable than I realized.

With that being said......the answer to Centex' question is purely based on psychology.

These people are at their wits end and simply shut down. Is it right to waste the courts time? Of course not.

I was almost there when my father died.....the stress becomes so completely, totally and absolutely overwhelming that defense mechanisms kick in and cause you to avoid any and all stress. Somehow I survived that....but my body was trying to protect me.

And to go off on a weird tangent....the hormone cortisol is what protects us from stress. When you are overwhelmed and burn it all off.........that can be life threatening.

I am sure many will say "man up" and fight through it. When in shut down mode our body is trying to prevent a heart attack..........or worse.

I am not defending it......just explaining why it happens.

drivel · 01-02-2008, 05:12 PM

Laziness aside, as well as the cat joke Pro se'rs pretty much without exception don't understand that losing doesn't mean they have grounds for an appeal.

Appellate judges have to decide cases which affect people's freedoms and constitutional rights. they are overworked. Joe shmoe who thinks he should get his $1,000 damages because he was confused by the mini miranda should have to pay the freight and jump through the hoops to get his case heard.

The hoops are there to help weed out the crap from the real legal issues and in my experience I've yet to see a properly perfected appeal by the pro se warrior.