Legal Question in Civil Litigation in Mississippi

He filed for appeal and it was called a mistrial

I sued my wedding photographer in justice court and won. he filed an appeal in county cour and the judge called a mistrial because his attorney made some threatening statements(to the judge). It has been over a year and a half and the defendent has not asked for the case to be heard by another judge. Where do I go from here. Can his appeal be thrown out and my judgement from Justice court reinstated? Can I sue him again for my attorney fee for the appeal?

Asked on 2/18/03, 3:45 pm

1 Answer from Attorneys

Heidi Milam Heidi S. Milam, Attorney at Law
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Re: He filed for appeal and it was called a mistrial

There are several ways to approach this and it may be a little complicated to handle without an attorney. Basically you need to make motions for the Judge to recuse himself and ask for a new trial or summary judgment depending on the facts of the case. Even though it is not your appeal, you have the right to move the case along. It looks as if its not going to happen any other way. If the county court administrator in your county is helpful you may be able to get some assistance there. You should be able to add in your attorney fee at this point but you should ask for it as soon as possible.

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2/19/03, 8:53 am

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