Q: CAN I GET A LEGAL MALPRACTICE ATTORNEY CONCERNING NEGLIGENCE FROM A COURT ORDERED APPEALS ATTORNEY?
I HAVE A CHILD CUSTODY ISSUE THAT HAS BEEN GOING ON SINCE 2012. IT WAS WITH CPS AT ONE POINT IN TIME NOW IT IS A PRIVATE CUSTODY MATTER BETWEEN MYSELF, THE FATHER OF ONE OF MY CHILDREN, AND A COUPLE OF CUSTODIANS THAT HAVE MY CHILDREN. I FILED A MODIFICATION OF CUSTODY, AND VISITATION. BOTH THE MAGISTRATE, AND THE JUDGE RULED AGAINST ME. I APPEALED THE DECISION IN THE 8TH DISTRICT COURT OF APPEALS. THEY RULED AGAINST ME DUE TO THE JUDGE NOT LISTING, AND RULING MY OBJECTIONS IN HIS DECISION. I FEEL LIKE THAT WAS A MAJOR ISSUE THAT THE ATTORNEY SHOULD HAVE CAUGHT IN THE BEGINNING WHEN SHE FIRST STARTED ON THE APPEALS CASE. I FEEL LIKE I LOST MY APPEAL DUE TO THE NEGLIGENCE OF THE ATTORNEY, AND THE JUDGE. SO, I WOULD LIKE TO KNOW IF I CAN SUE NOT ONLY THE ATTORNEY, BUT THE JUDGE CONCERNING NEGLIGENCE OF THE MATTER?
A: Please don't write in ALL CAPS. It's hard to read. It sounds like the appellate court did one of two things: (1) found that there was no final appealable order, or (2) indicated that without findings of fact and conclusions of law, they didn't have a sufficient record to overturn the trial court and affirmed. If it's (1), then you need to go get a final appealable order and appeal again. If it's (2), you're probably out of luck. Determining whether you're attorney is at fault would necessitate actually reading the ruling. You can't sue the judge, and don't want to. If you do that, the suit will be unsuccessful, but all the magistrates and judges in your area will know your name.
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