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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: if I came out of the 5th District Circuit Court and was filing a Habeas Corpus\Actual Innocence Claim,WHERE

Or WHO do I file it to???

Keith Upson
Keith Upson
answered on Feb 14, 2022

Florida Fifth District Court of Appeals? What circuit (trial) court? The answer is in the Middle District of Florida, Orlando Division, if it was an Orlando case.

https://www.flmd.uscourts.gov/locations/orlando

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Florida on
Q: Do you get a lawyer if they offer you PTI but you have never been assigned a lawyer

I was arrested on 1129 my charges to begin with was if you look online at Washington county clerk of Court was possession of a controlled substance without prescription and drug paraphernalia will they change our first appearance to possession of synthetic marijuana and paraphernalia then they... View More

Michael  Mayoral
Michael Mayoral
answered on Feb 10, 2022

You definitely have the right to be appointed a public defender on a felony charge. Contact your local public defender's office or hire a criminal defense attorney. You definitely want to have an attorney explain the ramifications of any agreement with the State, even if its PTI.

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Civil Rights for Florida on
Q: Can I be held in contempt of court if I was summoned to court and the app they provided to me did not function

I was summoned to court as a witness the app that they provide to me was glitchy and unable to function properly also the helpline that was provided on the summits went to call center they were also unable to answer any of my questions and could not help me with the app what are my options if they... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 8, 2022

At the contempt hearing you testify about your problems with the ap. You will need to be able to persuade the judge that you did everything you could to obey the subpoena.

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Tax Law for Florida on
Q: Florida Unemployment Overpayment payback demand for continued PUA -i appealed and no response!

It says 'insufficent evidence' for self employment for the continued payments starting Dec 27 2020. It was good enough for 2020 but then not anymore. I thought i uploaded schedule C from 2019 but apperently the DEO did not get it and so they claim i got to pay back 18x125 (not including... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 6, 2022

You CANNOT handle this giant problem by yourself. Hire an experienced unemployment comp lawyer immediately, and pay them to appeal for you.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: I lost in Small Claims Court. I have to pay Defendants' legal fees. I filed an Appeal and requests for a Stay.

Stay was denied because I could not afford a surety bond. Lawyers have already begun quest to grab what they can from me. If I win a reversal in Appeals Court (and I feel strongly that I will) would lawyers then be obligated to pay me back and/or return assets they seized?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 5, 2021

Well, not the lawyers, but their client would. Or, technically, you would have a judgment against the plaintiff which you could, if necessary, enforce by execution.

1 Answer | Asked in Appeals / Appellate Law, Identity Theft and Social Security for Florida on
Q: Due to a mistake not of my making my DOB is inaccurate by 1 year. I am a 15yr US Navy Vet. Conflicting DOB exists.

I currently hold no valid ID for the State of Florida because of this discrepancy. I am 63yrs old and just diagnosed with prostate cancer, scheduled for surgery on 12 Oct.

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2021

This is not my area of practice, but your question remains open for two weeks and it frustrates me that a veteran might have their benefits held up due to administrative discrepancies in personal information. Here is an address link to a page in the SSA website -... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Collections for Florida on
Q: How do I know if I’m being charged with unemployment fraud
Michael  Mayoral
Michael Mayoral
answered on Oct 4, 2021

It is close to impossible to find out if you are going to be charged with unemployment fraud, or any crime, until it happens. Typically, a law enforcement officer making contact with you to question you is a sign that you might be being investigated for a crime. An arrest generally means a law... View More

1 Answer | Asked in Appeals / Appellate Law and Federal Crimes for Florida on
Q: I filed a 2255 petition while in prison that was denied.COA also denied. I appealed the denial of a COA and released

From prison shortly after. I notified both the eleventh circuit and the US Attorney of my release address. A month later the US Attorney mailed me a certificate of interested person's with an appellate case number (18-13559-E). I have since heard nothing from the courts or US Attorney. It has... View More

Charles William Michaels
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Charles William Michaels
answered on Aug 30, 2021

Call the Clerk of Court in the court of your case. Most information like this is publicly available, so the Clerk of Court can answer any questions about the status of your case. Be sure you have the case number, if that's available to you.

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: can a judge and the state deny me mention of a mental condition directly related to the instant offence?

State objected to my counsel's use of my Vietnam service and Federally and State certified 100% total and permanent disability for PTSD. My mental condition had everything to do with my leaving the scene. My question is can they deny me a defense? I was found guilty at trial.

Henry George Ferro
Henry George Ferro
answered on Jul 16, 2021

This would be an issue for the appellate courts ….remember you generally have thirty days to appeal your case and your appellate lawyers should know what to do.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: ,is it double jepordy to have probable cause found after compliant,and advisory,

, then be released on your on R.O.R then compliant an advisory again on the same charge with probable cause found again with no amendment of the felony information.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 15, 2021

No, it doesn't appear that the information was ruled upon, so jeopardy never attached.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: ask HOW can I obtain my jury instructions ? and WHAT does "Dummy Information provided to the jury mean
Michael  Mayoral
Michael Mayoral
answered on Jul 14, 2021

If your case already went to trial, the jury instructions that were provided to the jury would be in the clerk's court file for the case. You can get copies of that from the clerk of courts in the jurisdiction where the trial occurred. Otherwise, the Florida Supreme Court provides a copy of... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: WHO do I send the Motion for Rehearing to? Circuit Court? In florida
Henry George Ferro
Henry George Ferro
answered on Jul 12, 2021

Rehearing are filed with the clerk of the court in which the decision was made…copies should be provided to opposing counsel and the court.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: after a 3.600 is denied, HOW much time is there to file A. Motion for Rehearing
Henry George Ferro
Henry George Ferro
answered on Jul 12, 2021

If you have already had your motion for new trial has been denied, you have thirty days to file an appeal (from the denial of your 3.600 motion).

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: What circumstance is statute 943.0435.13a given in the state of Fl for sex offenders and could charges be dismissed ?"

What are the based evidence the state of Florida needs to prove guilt and what are the minimum to maximum required sentence or consequences for the offender if they're found guilty or plead no contest/ not guilty? One last question.. Would it be possible to get any files,documents, public... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2021

The statute speaks for itself:

"... (13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking...
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2 Answers | Asked in Divorce, Family Law, Appeals / Appellate Law and Domestic Violence for Florida on
Q: will the magistrate/judge ensure i get some form of alimony and my belongings (8 yrs married with dv no child) ?

we live in Florida . he moved and wouldn't tell me where , he wont tell me where my belongings are , unbeknownst to me we were evicted. he makes 150k annually. i had an injunction against him b4 that expired 1 month b4 we decided to try to fix our marriage again. he is the breadwinner and... View More

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Mar 10, 2021

Alimony in Florida is based on need and ability to pay. You have to need it and he has to be able to afford it. The General Magistrate can certainly order alimony if the matter being heard by the Magistrate is related to support. You need to make sure there's a motion or a petition requesting... View More

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: how to recover a remedy that wasn't sent from the supreme court?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 6, 2021

If I understand what you are asking, an appellate court (perhaps SCOTUS or the Florida Supreme Court) reversed a case and remanded to the trial court, ordering that certain remedies were viable. However, I'm guessing, the appellate court failed to mention another possible remedy. Perhaps you... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Would anyone do a pro Bono for child support case appeals ? I’m in Palm Bay Florida
Tim Akpinar
Tim Akpinar
answered on Mar 1, 2021

A Florida attorney could advise best, but your post remains open for two weeks. It could be difficult for someone to offer their legal services here - the format is more Q & A than lawyer referral service. Here's a link to a page on this site with Florida Family Legal Aid & Pro Bono... View More

1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Contracts for Florida on
Q: Can a denied motion have a second hearing without a motion for re-hearing after appeal?

Hi, I won an appeal on a default judgement case for my motion to set aside the default judgement, which was denied in the lower court. The appellate court remanded the case to the lower court for an evidentiary hearing. Recently the plaintiff has scheduled a hearing on my original motion to set... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 1, 2021

If it was remanded for an evidentiary hearing, it appears that the plaintiff properly scheduled a hearing. Be prepared at the hearing to offer evidence, as the appellate court ruled.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If I have a lawsuit go to trial win a judgment that gets appealed and after the 2dca releases an opinion and deny appeal

What would normally happen once the appeal is denied will the judgment be enforced and have a set amount of time to be paid

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 17, 2020

If it's a judgment for specified damages (as opposed to other relief), the judgment creditor's job is to try to collect it. That would normally be done by getting a writ of garnishment and going after your non-exempt property. If you have no such property, they may not be able to collect.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: if someone needs to appeal by march of next year, are courts giving an extension on this or are courts closed
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 15, 2020

What makes you think you have until March to file an appeal? The time in which to file an appeal is normally much shorter than that. In any event, no, the courts are not closed; you should be able to file your appeal online.

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