Legal Question in Appeals and Writs in Georgia

lost files

I won a summary judgement proving fault for personal

injury. The defendent insurance laeyer appealed. Now

the appeals court state has lost the case files. The

insurance lawyer was asked to replace missing files

and only supplied the ones favorableto their case.

These type of things have been going on for four years.

Don't I have any rights at all? How is it possible to lose

a case? They have destroyed my life. I was run over on

my bicycle and my knee was shatttered and they treat

me like a criminal. Their lawyer is a crook and getting

away with it.


Asked on 5/08/06, 12:21 pm

1 Answer from Attorneys
Eric Ballinger Ballinger & Associates

Re: lost files

First, if you have a case at the appellate court level, you need to be represented by counsel. Appeals are very complicated proceeduraly and a trained attonrey will run you around.

Second, as for the missing file, the trial court should have in its file copies of all the documents contained in the file. You need to have that forwarded to the appellate court. Also, when your brief is filed, you need to inculde copies of all the documents and records that support your case.

If you have won your case on summary judgment at the trial level and you have a competent attorney handling the matter on appeal, you should be looking quite strong in your case.

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Answered on 5/08/06, 1:25 pm


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