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To: raccoonradio; maryz

I am disgusted by the whole thing, RKO’s antics and the judge’s inability to make an unbiased decision....disgusting.


17 posted on 10/30/2007 11:06:55 AM PDT by rockabyebaby (HEY JORGE, SHUT UP AND BUILD THE BLEEPING FENCE, ACTIONS SPEAK LOUDER THAN WORDS.)
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To: rockabyebaby

Attorney Joe Ross, a regular on the boston-radio-interest
mailing list (archived at bostonradio.org) had this to
say when I posted about Howie’s latest setback:

Attorney Ross:
“What this is about is (1) an order preserving the status quo while the litigation proceeds; and (2) denial of an ‘interlocutory’ appeal. It’s common to issue an order to preserve the status quo in a
circumstance like this until the rights of the parties are
determined. The case hasn’t actually gone to trial in the Superior Court and won’t for some time. All this skirmishing has been over temporary orders. To disturb the status quo, Howie Carr must convince a judge that he has a reasonable probability of succeeding on the merits and will suffer irreparable harm if an order in his
favor isn’t issued. The irreparable harm more likely would be suffered by WRKO if Carr is allowed to move to WTKK.

“The usual rule on appeals is that you wait until the case is finally over in the trial court before you can appeal. The appellate courts don’t like to have a case appealed bit-by-bit. An appeal before the case is over is an ‘interlocutory appeal.’ It’s sometimes possible
under special circumstances, but it’s not the norm.”


18 posted on 10/30/2007 11:25:39 AM PDT by raccoonradio (Boston Red Sox: 2007 World Champions)
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