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    Friday, October 21, 2011

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    Larry Hohol

    Thanks for responding to my question. We actually had a "Stay of the Proceedings" in hand that was issued by another judge at the same Courthouse. The trial Judge simply ignored the stay by stating in open court that the Judge who issued the "Stay", "really didn't mean it". The trial judge then threatened to find my attorney in contempt if we left the proceedings as my attorney told the court we were about to do. If by a "Petition for Review" you mean a "Motion for Reconsideration" we did that also (I am not an Attorney). I did file a formal complaint with the JCB for this issue and several serious conflicts of interest between the Judge and opposing counsel (former law partners together, Godparents to each others children, etc). Turns out the Judge was a sitting board member of the JCB. What else should we have done?

    Joshua Auriemma

    Larry, you could have filed a Petition for Review as outlined in the article, and then requested a stay of the trial (first with the lower court, and if that was ultimately denied, with the appellate court).

    Nice overview, Mandi. Just to add onto your section on timing, the Petition to Amend (to include statutory language) doesn't toll the time you have to file the appeal either, so a good practitioner should be ready to roll with a Petition for Review prior to the expiration of the timeframe for the certified interlocutory appeal.

    Larry Hohol

    I had a Common Pleas Judge issue an Interlocutory Order concerning a very detailed Motion for Recusal. It was very transparent that the judge did not want the details of the motion to ever see the light of day due to the substantial conflicts of interest that were exposed between the judge and opposing counsel. What exactly would have been the correct course of action in this type of case? Keep in mind the judge would never grant permission to appeal.

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