Can my ex fiance file an appeal in Small Claims Court?

Question

I took my ex fiance to small claims court because he owed me money for a loan I took out (and am still paying on) for his vehicle repairs. The idiot was 5 minutes late to court...the Judge never even acknowledged him, asked me a few questions, and then ruled in my favor. My questions is...can the ex idiot file an appeal if he didn't even show up on time for court the first time???

Answer 1

Yes he can file an appeal. He has a limited time to do so, though.

Answer 2

Depends, but he will not prevail.
If the judge entered a final judgment for you, he has 30 days (at least in Florida) from the date that the final judgment is rendered (filed in the clerk of the court records) to file a notice of appeal and pay the filing fee for the appeal. If he appeals, the only thing the appellate court can do is see whether the record (if there was a court reporter, he would have to order the transcript and file it w/ the court; otherwise there is no record to review and no way for him to win unless he is a lawyer and proffers a sufficient record) shows that the judge made an error of law. Being late isn't going to cut it and if he had an excuse he should have filed a motion for reconsideration w the trial court and asked them to rule on it but generally that is within the discretion of the trial judge so if he files one, he will lose. Hope you made the payments go thru the court registry or know where his assets are so you can garnish them and get your money! Hope this helps.

Answer 3

kikidismom is DEAD wrong and I hope is lying about being a lawyer. The basis for the appeal would be that the judge should not have refused to acknowledged him simply because he was 5 minutes late. The court record DOES show that and WILL be available to the appeals court. That doe not mean he will win, but he CAN appeal in ANY state. If the appeals court accepts his argument, they will order a new hearing by the original court.