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Appeal Cases - Page 8

APPEAL OF ADVERSE SUPERIOR COURT DECISION TO APPELLATE COURT

1. Is it over when you win the Administrative Appeal to the Superior Court?
   1. Yes
   2. No
   3. Maybe for a while
2. If you lose the Administrative Appeal to the Superior Court.
   1. The Appellate Process
      1. The Statute
         
         Sec. 4-184. Appeal from final judgment of Superior Court.
         An aggrieved party may obtain a review of any final judgment of the Superior Court under this chapter. The appeal shall be taken in accordance with section 51-197b.
         
         General Statutes
         TITLE 51 Courts
         Chapter 882 Superior Court
         51-197b (Formerly Sec
         
         Sec. 51-197b. (Formerly Sec. 52-7). Administrative appeals.
         1. Except as provided in section 31-301b, all appeals that may be taken from administrative decisions of officers, boards, commissions or agencies of the state or any political subdivision thereof shall be taken to the Superior Court.
         2. Except as provided in section 4-183, the Superior Court, after a hearing, may reverse or affirm, wholly or partly, or may modify or revise the decision appealed from.
         3. So much of any special act as is inconsistent with this section is repealed.
         4. Except as provided in sections 8-8, 8-9 and 22a-43, there shall be a right to further review to the Appellate Court under such rules as the judges of the Appellate Court shall adopt.
         5. The procedure on such appeal to the Appellate Court shall be in accordance with the procedure provided by rule or law for the appeal of judgments rendered by the Superior Court unless modified by rule of the judges of the Appellate Court. There shall be no right to further review except to the Supreme Court pursuant to the provisions of section 51-197f.
      2. Practice Book
         
         Sec. 63-1. Time to Appeal
         1. (a) General provisions Unless a different time period is provided by statute, an appeal must be filed within twenty days of the date notice of the judgment or decision is given. The appeal period may be extended if permitted by Section 66-1(a). If circumstances give rise to a new appeal period as provided in subsection (c) of this rule, such new period may be similarly extended as long as no extension of the original appeal period was obtained. If a motion is filed within the appeal period that might give rise to a new appeal period as provided in subsection (c) of this rule, the appeal may be filed either in the original appeal period, which continues to run, or in the new appeal period. As used in this rule, ''appeal period'' includes any extension of such period obtained pursuant to Section 66-1(a).
         2. When appeal period begins If notice of the judgment or decision is given in open court, the appeal period shall begin on that day. If notice is given only by mail, the appeal period shall begin on the day that notice was mailed to counsel and pro se parties of record by the trial court clerk. The failure to give notice of judgment to a nonappearing party shall not affect the running of the appeal period. In criminal cases where the appeal is from a judgment of conviction, the appeal period shall begin when sentence is pronounced in open court. In civil jury cases, the appeal period shall begin when the verdict is accepted.
         3. New appeal period
            1. How new appeal period is created If a motion is filed within the appeal period that, if granted, would render the judgment, decision or acceptance of the verdict ineffective, a new twenty-day period for filing the appeal shall begin on the day that notice of the ruling is given on the last such outstanding motion, except as provided for additur or remittitur in the next paragraph. If a motion for additur or remittitur is filed within the appeal period and granted, a new twenty-day appeal period shall begin upon the earlier of (1) acceptance of the additur or remittitur or (2) expiration of the time set for the acceptance. If the motion is denied, the new appeal period shall begin on the day that notice of the ruling is given. Motions that, if granted, would render a judgment, decision or acceptance of the verdict ineffective include, but are not limited to, motions that seek: the opening or setting aside of the judgment; a new trial; the setting aside of the verdict; judgment notwithstanding the verdict; reargument of the judgment or decision; collateral source reduction; additur; remittitur; or any alteration of the terms of the judgment. Motions that do not give rise to a new appeal period include those that seek: clarification or articulation, as opposed to alteration, of the terms of the judgment or decision; a written or transcribed statement of the trial court's decision; or reargument of a motion listed in the previous paragraph. If, within the appeal period, any motion is filed, pursuant to Section 63-6 or 63-7, seeking waiver of fees, costs and security or appointment of counsel, a new twenty-day appeal period shall begin on the day that notice of the ruling is given on the last such outstanding motion. If a party files, pursuant to Section 66-6, a motion for review of any such motion, the new appeal period shall begin on the day that notice of the ruling is given on the motion for review.
            2. Who may appeal during new appeal period If a new appeal period arises due to the filing of a motion that, if granted, would render a judgment, decision or acceptance of the verdict ineffective, any party may take an appeal during the new appeal period regardless of who filed or prevailed upon such motion. If, however, a new appeal period arises due to the filing of a motion for waiver of fees, costs and security or a motion for appointment of counsel, only the party who filed such motion may take an appeal during the new appeal period.
            3. What may be appealed during new appeal period The new appeal period may be used for appealing the original judgment or decision and/or for appealing any order that gave rise to the new appeal period. Such period may also be used for amending an existing appeal pursuant to Section 61-9 to challenge the ruling that gave rise to the new appeal period. Rulings on motions for waiver of fees, costs and security or motions for appointment of counsel may not be appealed during the new appeal period, but may be challenged by motion for review in accordance with Section 66-6.
         4. When motion to stay briefing obligations may be filed If, after an appeal has been taken but before the appeal period has expired, any motion is filed that, if granted, would render the judgment, decision or acceptance of the verdict ineffective, any party may move to stay the briefing obligations of the parties in accordance with Section 67-12.
         5. Simultaneous filing of motions Any party filing more than one motion that, if granted, would render the judgment, decision or acceptance of the verdict ineffective, shall file such motions simultaneously insofar as simultaneous filing is possible.
            
            CHAPTER 63 FILING THE APPEAL; WITHDRAWALS
            Sec. 63-1. Time to Appeal
            Sec. 63-2. Expiration of Time Limitations; Counting Days
            Sec. 63-3. Filing Appeal in General; Number of Copies
            Sec. 63-4. Additional Papers to Be Filed by Appellant and Appellee when Filing Appeal
            Sec. 63-5. Fees
            Sec. 63-6. Waiver of Fees, Costs and Security - Civil Cases
            Sec. 63-7. Waiver of Fees, Costs and Security - Criminal Cases
            Sec. 63-8. Ordering and Filing Transcript
            Sec. 63-8A. Electronic Copies of Transcripts
            Sec. 63-9. Filing Withdrawals of Appeals or Writs of Error
            Sec. 63-10. Preargument Conferences
   2. Timeline
      See the above practice book regulations.
   3. Notice of Appeal
      See Attached copy. See Exhibit 5.
   4. Brief of Appellant
      See attached Appellant’s Brief by the AG in the Alvord Case. See Exhibit 6.
   5. Brief of Appellee
      What follows is the Appellee’s Brief in the Alvord Case. I lost the Per Se Hearing and Appealed to the Superior Court where the Judge agreed with my argument and restored my client’s drivers’ license. The AG appealed to the Appellate Court and won.

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