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Appeals Court and judicial delays

14-Aug-2008 7:18 AM -- Linda

This case has been going on since the spring of 2005.
Long story - I live out of state and have an attorney who has made promises and fails to deliver. The current issue is I have been waiting for almost a year on a civil suit ( case finally heard Sept 2007) where contractor never completed job and then placed a lien on property - I had already paid him almost 20% more than the original contract), lied about being licenced (had a friend pull permits) etc. Trial was held last September. Judge took 5 months to rule against me - almost every satatement he made in his judgement was incorrect. I had my attorney file a motion to reconsider abd notice of appeal. Finally got a date on the motion to recconsider for early June. I flew up for the hearing, appeared at the court (a Thursday) only to learn that the judge had been out sick since Monday of that week. I have been trying to get back in court since then, but the judge has been on vacation most of July and August. My attorney reuest a time extension for the appeal filing and it was granted twice, and has now been denied. It seems grossly unfair (as well as very costly, that I have to pay to file the appeal, thaty I may not need,
This case has already cost me a bundle, and I am not made of money. Do I have a recourse.
I was forced to put a sizeable amount in an escrow account when I finally was able to sell the house. The attorney for the contractor has refused place the money in an interest bearing account. My attorney after months of my yelling and screamong - has finally fialed a motion to compel them to account for my monies.
I am totally frustrated, angry and all thought generally not violent - ready to kill.
Someone please help.
Thanks so much.
Linda

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