💰 Grifter Weeb Wars / AnimeGate / #KickVic / #IStandWithVic / #vickicksback - General Discussion Thread

[Roland Daggett]

While I don't pretend to actually know law but wasn't there a specific deadline to filing the appeals, which is today? I don't trust Lemfuhrer on anything but considering the judge dismissed literally everything and even Chupp said they were gonna get back on appeals I don't see how Ty filing the appeals is any kind of wrong. Because appealing makes getting fees pointless if they were just gonna be reversed, right?

 

[Adach_Ame]

While I don't pretend to actually know law but wasn't there a specific deadline to filing the appeals, which is today? I don't trust Lemfuhrer on anything but considering the judge dismissed literally everything and even Chupp said they were gonna get back on appeals I don't see how Ty filing the appeals is any kind of wrong. Because appealing makes getting fees pointless if they were just gonna be reversed, right?

This is true, they are only awarded fees AFTER the case is TRULY over, at least that's what I could understand from it. It's basically like tallying up what your bill will be halfway during shopping, while in theory is mindful, it takes more time than it is to get to the cashier with the full shopping list. However in this situation, more time equals more cost.

 

[Sheryl Nome]

This is true, they are only awarded fees AFTER the case is TRULY over, at least that's what I could understand from it. It's basically like tallying up what your bill will be halfway during shopping, while in theory is mindful, it takes more time than it is to get to the cashier with the full shopping list. However in this situation, more time equals more cost.

Caselaw suggests a final order means when the case is over. And I mean OVER.

 

[Hotfartz :)]

Yeah if memory serves me right she is for something fraudulent on her end.

Huh. Would be fun to know more about that.

 

[Adach_Ame]

Caselaw suggests a final order means when the case is over. And I mean OVER.

That's... nonsensical... if you are dismissed via the TCPA, that IS the final judgement, isn't it? That's the whole point of that dumpster fire.

 

[AnOminous]

Doesn't he have a window to officially file a hearing for it? Keeping in mind the hearing notice filed was signed by Lemoine rather than Chupp himself.

No. There's no deadline. He might do it pretty quick just not to have to listen to Lemoine wheezing and gasping for a couple months.

That's... nonsensical... if you are dismissed via the TCPA, that IS the final judgement, isn't it? That's the whole point of that dumpster fire.

Not according to some appeals courts in Texas. It's not a final judgment disposing of all issues if there are pending matters.

 

[Dumb Bitch Smoothie]

Lemonhead is exceptional but if he's trying to imply final judgment hasn't been reached...

J. Sean, please. Stop now before you embarrass yourself. Stop before you become a thorn in the side of the co-defendants.

Or jump into the dumpster fire and burn.

 

[Adach_Ame]

No. There's no deadline. He might do it pretty quick just not to have to listen to Lemoine wheezing and gasping for a couple months.



Not according to some appeals courts in Texas. It's not a final judgment disposing of all issues if there are pending matters.

Well I mean then the appeal filing is still valid, and they met the plaintiff side's timeline due date, which doesn't have to comply with the defendant side's bullshittery. At worst in theory, all it would likely happen is that the appeals would be slightly delayed till the fees and sanctions hearing is ironed out. If I'm understanding right.

Point is though, the inclusion of the "strike the second amended petition" bit has ZERO grounds to stand on.

 

[PrinceofAllCucks]

Point is though, the inclusion of the "strike the second amended petition" bit has ZERO grounds to stand on.

It has nothing to do with the sanctions hearing itself, so striking it now just shows that Lemoine is scared of having it in the record, or else he wouldn't bother asking Chupp to strike it at this point.

 

[AnOminous]

Well I mean then the appeal filing is still valid, and they met the plaintiff side's timeline due date, which doesn't have to comply with the defendant side's bullshittery. At worst in theory, all it would likely happen is that the appeals would be slightly delayed till the fees and sanctions hearing is ironed out. If I'm understanding right.

This appeal would be dismissed and then could be brought again when it became timely. Or if the trial court rules on the sanctions or fees before then and issues a final judgment, then the motion to dismiss the appeal becomes moot and the notice of appeal is considered effective as of the date it would have become proper to file it.

So a bunch of activity for nothing.

 

[Adach_Ame]

This appeal would be dismissed and then could be brought again when it became timely. Or if the trial court rules on the sanctions or fees before then and issues a final judgment, then the motion to dismiss the appeal becomes moot and the notice of appeal is considered effective as of the date it would have become proper to file it.

So a bunch of activity for nothing.

So it's lemoine wasting time and trying to run up the bill even more.

 

[Riperoni6]

This is such a headache. Ty was supposed to file today, we kept talking about it for weeks about it being today. Then lemonhead files that he cant because there isnt any sanctions or fees yet, but if ty didnt file it would be consider filed late/untimely.

 

[AnOminous]

This is such a headache. Ty was supposed to file today, we kept talking about it for weeks about it being today. Then lemonhead files that he cant because there isnt any sanctions or fees yet, but if ty didnt file it would be consider filed late/untimely.

Exactly, which is why it's filed today even though it could easily need to be filed again.

 

[Francis York Morgan]

Exactly, which is why it's filed today even though it could easily need to be filed again.

I swear, the lolsiest of lolsuits being heard in court would be less of a headache than this TCPA shit.

 

[HTTP Error 404]

Appeal is filed. Next round may now begin. Let the sperging begin.

Dude you're a bit late. Within seconds of him filing the appeal, Lemonfurher sent a strongly worded letter with the judge demanding he not let Vic appeal, because... apparently the judge can just say "nah nah, you can't appeal me."

Seriously how did MoRonica find just an absolutely perfect lawyer for themselves? He's every bit as much of a cow as they are.

This appeal would be dismissed and then could be brought again when it became timely. Or if the trial court rules on the sanctions or fees before then and issues a final judgment, then the motion to dismiss the appeal becomes moot and the notice of appeal is considered effective as of the date it would have become proper to file it.

So a bunch of activity for nothing.

IIRC, Nick mentioned that it wouldn't be dismissed, it would just count as having been brought the second it was appropriate. I.e., this covers Vic's ass nicely.

Everything other than that is just Lemonfurher losing his shit and trying to get Chupp to ... overrule the appeals court preemtively.

 

[2lolis1cup]

Seriously how did MoRonica find just an absolutely perfect lawyer for themselves? He's every bit as much of a cow as they are.

Also the part of LemonFurher quoting Kiwifarms and responding to arguments here.

Edit: just realized you were to one to point it out.

 

[Tipsy Tea Cup]

At this point, I wouldn't be surprised if Lemonhead is a Flat Earther with all this nonsense.

 

[Nontransferable]

Seriously how did MoRonica find just an absolutely perfect lawyer for themselves? He's every bit as much of a cow as they are.

He came recommended by either Casey, whose wife apparently works for Wick Phillips, or Andrea, whose boyfriend also apparently works for Wick Phillips.

At this point, I wouldn't be surprised if Lemonhead is a Flat Earther with all this nonsense.

That's Chuck Huber.

 

[Adach_Ame]

OMG this thumbnail

Whiskey Review, Lemoine Whine Letter Review, General Good Time

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[Garm]

To borrow Magic the Gathering vernacular, the notice to appeal put the appeal on the "stack". Once the sanctions hearing happens the notice to appeal takes effect.

Lemoine doesn't have any "legal" moves so he has taken to arguing with the referee about anything and everything to try and reach the time limit of the match.