Citations for Obvious Points

La Dona È Mobile

What if a trial judge announces an order on the record, then goes home and has a change of heart? Sure, he already told the lawyers and the litigants that Mother can have the custody of the kids, but he did not actually put it in writing. Can the judge back out? If  he said that custody goes to Mother, can he wake up the next day and write an order giving custody to Father? The Court of Appeals today spoke plainly on the subject. Somewhat surprisingly, the answer is “yes.”  The oral pronouncement means nothing at all. The written order can…

Can’t Appeal Your Own Consent.

It is a truth acknowledged among all lawyers: the more obvious the point, the harder it is to find a good cite. For a long time, I could not find authority for the obvious proposition: you can’t appeal a consent order. You might ask: “Why would you want a case for thaaaat?! Who’d be simple enough to appeal a consent order?” Oddly, people appeal consent orders with decent regularity. I do not know why that is. Maybe the clients find themselves consenting in court to all sorts of things they later come to regret. Courts are disorienting that way. Whatever the reason, it happens. A lot….

Posts navigation