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This document is an appellate brief concerning an appeal by defendant Arthur Ardolino against Santander Bank regarding a default judgment entered in May 2015. The brief argues procedural errors in service, breaches of duty by the plaintiff’s attorney, and claims of denial of due process due to improper service of documents. The case revolves around the validity of the default judgment and the request to vacate it due to alleged mistakes in the affidavits of service and the lack of proper notice.
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How to fill out appellate brief
01
Title Page: Include the case name, court information, and names of parties involved.
02
Table of Contents: Outline the structure of the brief for easy navigation.
03
Jurisdictional Statement: State the basis for the court's jurisdiction over the appeal.
04
Statement of Issues: Clearly list the legal issues that will be addressed in the brief.
05
Statement of the Case: Provide a concise summary of the case background and procedural history.
06
Statement of Facts: Present the relevant facts of the case that support your arguments, supported by citations to the record.
07
Argument Section: Develop your legal arguments, including relevant laws, case precedents, and logical reasoning.
08
Conclusion: Summarize the key points and state the desired outcome or relief sought from the appellate court.
09
Appendix: Attach any necessary documents or evidence that support the arguments.
Who needs appellate brief?
01
Individuals who are dissatisfied with a lower court's decision and wish to challenge it.
02
Attorneys representing clients in legal disputes who need to present appeals.
03
Organizations involved in legal cases that require appellate review.
04
Any party seeking clarification on legal interpretations made by lower courts.
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What is appellate brief?
An appellate brief is a written document prepared by a party in a legal case that outlines arguments, legal reasons, and relevant laws to convince a higher court to overturn or uphold a lower court's decision.
Who is required to file appellate brief?
The party who is appealing the decision, known as the appellant, is required to file an appellate brief with the appellate court.
How to fill out appellate brief?
To fill out an appellate brief, one must format the document according to court rules, include case information, present clear arguments, provide legal citations, and ensure proper organization of sections such as facts, arguments, and conclusion.
What is the purpose of appellate brief?
The purpose of an appellate brief is to present the appellant's case to the appellate court, outlining reasons for challenging the lower court's ruling and persuading the judges to rule in their favor.
What information must be reported on appellate brief?
An appellate brief must include the case title, court jurisdiction, relevant dates, statements of fact, points of argument, legal citations, and a conclusion that requests specific relief.
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