Posted on 07/23/2024 9:20:23 AM PDT by CFW
Lawyers for Donald Trump on Monday appealed a civil fraud judgment from February that found the former president and his company liable for business fraud.
The 95-page appeal, filed in the New York Supreme Court Appellate Division, accuses state Attorney General Letitia James of an “unauthorized, unprecedented power-grab” and says several loans cited by prosecutors should not have been considered in the case.
It also argues that James “seeks to unwind and penalize complex, highly successful transactions between Appellants and sophisticated Wall Street banks that left all parties deeply satisfied and had no impact on the public interest."
[snip]
"No party ever complained or alleged any default. Every loan payment was made on time, and all the loans were repaid in full—some before they came due," Trump's lawyers wrote.
Trump’s lawyers further argued that under a proper application of the statute of limitations, seven of the 10 loan transactions should not have been allowed in the case, because the closing dates for those deals were too old.
“Applying the correct statute of limitations eliminates $350,980,057 of the $464,576,229 judgment,” they wrote, adding that Engoron ignored a previous appellate ruling specifying which claims were “time-barred.”
(Excerpt) Read more at nbcnews.com ...
How about the fact that a half a billion dollars judgement for a bookkeeping issue that substituted the judges own opinion of real estate values, over those of the banks (who were very satisfied with the transaction) many years ago, was RIDICULOUS
Probably correct. However, the Dims will still successfully send a loud message to anyone trying to be the next Trump that the Dims will stop at nothing to make your life miserable.
It may be ridiculous, but Engoron did his job and was paid handsomely for his work.
The appeal is correct. This is a no-brainer.
https://nycourts.gov/courts/AD1/justicesofthecourt/index.shtml
I do not know but they have overturned other cases. When Trump gets the case overturned I wonder if he can. Sue need York?
He should sue NY, but I hope that lawsuit would include suing the prosecutors and judge personally also.
“It may have to go to the Supreme Court, but this judgement will eventually be overturned.”
___________________________________________________________
It’s a New York state civil case, based on NY state laws. There’s no avenue to a US Supreme Court reversal.
Sounds like it
No party ever complained or alleged any default.
No case
Yes, either party can appeal a civil case to the U.S. Supreme Court from a state supreme court or circuit court after the ruling. However, the Supreme Court is not required to hear the appeal and typically only agrees if the case involves an important legal principle or if multiple federal appellate courts have different interpretations of the law. The Supreme Court may also be required to hear an appeal in certain special circumstances.
To petition the Supreme Court to hear the case, parties can file a “writ of certiorari”. The time limit for filing a petition for a writ of certiorari depends on the type of appeal:
Direct appeal from a district court: If the appeal is interlocutory, it must be filed within 30 days of the judgment, order, or decree. If the appeal is final, it must be filed within 60 days.
Appeal from a court of appeals or state court: The petition must be filed within 90 days after the judgment is entered.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.