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NEWS: Monica Rial, Ron Toye, Jamie Marchi, Funimation File Motion to Dismiss Vic Mignogna's Appeal


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Ryuji-Dono



Joined: 26 Apr 2018
Posts: 139
PostPosted: Wed Oct 30, 2019 3:12 pm Reply with quote
He just doesn't know when to quit, does he?
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Takkun4343



Joined: 19 Jul 2007
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Location: Gahanna, Ohio
PostPosted: Wed Oct 30, 2019 3:44 pm Reply with quote
Like the cleaning of a house... it never ends.
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SpacemanHardy



Joined: 03 Jan 2012
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PostPosted: Wed Oct 30, 2019 3:50 pm Reply with quote
Insert that "How many times do we have to tell you, old man?" clip from Spongebob here.
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Themaster20000



Joined: 05 Aug 2014
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PostPosted: Wed Oct 30, 2019 4:06 pm Reply with quote
Of course he was going to appeal. I don't think he realizes how screwed he is financially yet, considering he wants to waste more time and money appealing this.
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TarsTarkas



Joined: 20 Dec 2007
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Location: Virginia, United States
PostPosted: Wed Oct 30, 2019 4:22 pm Reply with quote
While it is probably a "Hail Mary" pass and we all already know how it is probably going to turn out; there is always the chance to get a crazy ruling from a judge. The appeal will probably be denied, but judges have been know to make decisions that will make 'jaws drop' and people to pull their hair out violently.

This is not a mistake by the lawyer, it is his most minimum duty. Just like the lottery, if you don't play you have zero chance of winning. An appeal in this particular case, may be close to zero success, but that is not quite zero. Vic's lawyer is rolling the dice, which is way better than not having any dice to roll.
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penguintruth



Joined: 08 Dec 2004
Posts: 7923
Location: Penguinopolis
PostPosted: Wed Oct 30, 2019 4:23 pm Reply with quote
Vic's going to have to hit the convention circuit pretty hard (when he can find cons that will have him back) to pay for all the defendants' costs. I hear there's a new con a Vic cultist grifter is starting basically just for him.
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Gray Lensman



Joined: 17 Mar 2019
Posts: 65
PostPosted: Wed Oct 30, 2019 4:31 pm Reply with quote
TarsTarkas wrote:
While it is probably a "Hail Mary" pass and we all already know how it is probably going to turn out; there is always the chance to get a crazy ruling from a judge. The appeal will probably be denied, but judges have been know to make decisions that will make 'jaws drop' and people to pull their hair out violently.

This is not a mistake by the lawyer, it is his most minimum duty. Just like the lottery, if you don't play you have zero chance of winning. An appeal in this particular case, may be close to zero success, but that is not quite zero. Vic's lawyer is rolling the dice, which is way better than not having any dice to roll.


True - Texas is the state that allowed the Affluenza defense, after all.

For those who don't know, 'Affluenza' is basically claiming that one is too wealthy and disconnected from consequences to understand that their actions can have...consequences, therefore they can't legally be held to account and actually face any.
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MarshalBanana



Joined: 31 Aug 2014
Posts: 3595
PostPosted: Wed Oct 30, 2019 4:55 pm Reply with quote
Vic should have really kept his head down, if he had just left it as it was, not shaken up this hornets nest, over time things could have improved. I doubt things would have ever worked out with Funimation again, but other studios may have thought once it all blew over, that it was just water under the bridge and he could have started getting work again. What happened is very mild compared to Scott Freeman, who was actually convicted of said crimes which were a lot worse, or Illich Guardiola.
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lossthief



Joined: 14 Dec 2012
Posts: 620
PostPosted: Wed Oct 30, 2019 5:03 pm Reply with quote
TarsTarkas wrote:


This is not a mistake by the lawyer, it is his most minimum duty. Just like the lottery, if you don't play you have zero chance of winning. An appeal in this particular case, may be close to zero success, but that is not quite zero. Vic's lawyer is rolling the dice, which is way better than not having any dice to roll.


It seems like a rather large mistake - or at least a very bad, presumptuous idea - to file an appeal before the judge has declared what fees/sanctions are or are not owed by your client.
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Lizuka



Joined: 27 Jul 2018
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PostPosted: Wed Oct 30, 2019 5:04 pm Reply with quote
Hopefully the appeal gets dismissed ASAP. Just let this whole stupid saga get over with already.
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TarsTarkas



Joined: 20 Dec 2007
Posts: 4160
Location: Virginia, United States
PostPosted: Wed Oct 30, 2019 5:33 pm Reply with quote
lossthief wrote:
TarsTarkas wrote:
This is not a mistake by the lawyer, it is his most minimum duty. Just like the lottery, if you don't play you have zero chance of winning. An appeal in this particular case, may be close to zero success, but that is not quite zero. Vic's lawyer is rolling the dice, which is way better than not having any dice to roll.


It seems like a rather large mistake - or at least a very bad, presumptuous idea - to file an appeal before the judge has declared what fees/sanctions are or are not owed by your client.

Not really, those things don't matter at this time. They are not going into this thinking it is going to work. They are doing it for the miniscule chance that they might succeed. Stranger things have happened.
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lossthief



Joined: 14 Dec 2012
Posts: 620
PostPosted: Wed Oct 30, 2019 6:03 pm Reply with quote
TarsTarkas wrote:
Not really, those things don't matter at this time.


Except the do? to quote the article

Quote:
The motion argues that the Tarrant County District Court only has jurisdiction on appeals for final judgement. Due to the original order granting the motion to dismiss Mignogna's claims requiring the defendants to submit evidence to the court to support claims for attorney fees, costs, and other expenses, the order is not final. In addition, the Texas Civil Practices and Remedies Code does not provide for an appeal of the order.

A hearing to decide the attorney fees, costs, and other expenses owed by Mignogna is set for November 21. Judge John P. Chupp will oversee the hearing.


I'm no legal expert, but that says to me that by filing an appeal before what would be considered final judgment in the case, Beard actively aided the argument to have his appeal dismissed outright. Even if the appeal was all but doomed to fail from the start, hurting those slim chances by filing before final judgment is still a pretty bad move.
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Sailor Sedna



Joined: 08 Jan 2015
Posts: 785
PostPosted: Wed Oct 30, 2019 6:31 pm Reply with quote
It's still going? I swear, this is probably going to end up similar to the Fatty Arbuckle scandal, considered the first Hollywood scandal.
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Lynx Raven Raide



Joined: 01 Nov 2017
Posts: 221
PostPosted: Wed Oct 30, 2019 6:35 pm Reply with quote
lossthief wrote:
TarsTarkas wrote:
Not really, those things don't matter at this time.


Except the do? to quote the article

Quote:
The motion argues that the Tarrant County District Court only has jurisdiction on appeals for final judgement. Due to the original order granting the motion to dismiss Mignogna's claims requiring the defendants to submit evidence to the court to support claims for attorney fees, costs, and other expenses, the order is not final. In addition, the Texas Civil Practices and Remedies Code does not provide for an appeal of the order.

A hearing to decide the attorney fees, costs, and other expenses owed by Mignogna is set for November 21. Judge John P. Chupp will oversee the hearing.


I'm no legal expert, but that says to me that by filing an appeal before what would be considered final judgment in the case, Beard actively aided the argument to have his appeal dismissed outright. Even if the appeal was all but doomed to fail from the start, hurting those slim chances by filing before final judgment is still a pretty bad move.

Makes me wonder if Chupp will take this into account with his final judgement. I know an appeal was obvious, but jumping the gun like this almost month before the final judgement is handed out definitely isn't good and is just wasting the courts' time.
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DerekL1963
Space CowboySpace Cowboy


Joined: 14 Jan 2015
Posts: 786
Location: Puget Sound
PostPosted: Wed Oct 30, 2019 7:14 pm Reply with quote
TarsTarkas wrote:
This is not a mistake by the lawyer


Yes it is a mistake by his lawyer - you can't appeal a judgement that hasn't been rendered yet. Basically Beard has (once again) displayed his lack of legal knowledge.

I suspect the appeal was more to generate views for Rekieta than anything else, he's not really swift when it comes to the law either. But he is very good at keeping views coming and the money flowing into his pockets.
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