help - pending appeal
- Hopefully Bear or someone knows this one ?
Appeal is pending - [opening brief due in about 45 days]
Recently discovered defendant fraudulent concealment of a tort during
disovery and during sum/judgment - which if known by plaintiff would
have altered merits on case.
Appellate court will not allow new evidence.... so it appears
plaintiff is forced to wait for decision on appeal and then plead
lower court to reopen case to admit new evidence of fraud [which does
not toll statute of limitations]
OR - can the lower court say no jurisdiction, since the ball game is
over after appeal win or lose? I cannot find anything on this type of
Moderator/Bear: I think you tell the appellate court about this and ask them to remand the case. Do a search in the data base on "remand" in CA at versuslaw.com.
Thanks for any comments. REALLY need this info.