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Appeals / Appellate Law Questions & Answers
3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Erik A. Perez
Erik A. Perez
answered on Mar 10, 2025

It may, Florida Rule of Civil Procedure 1.530 allows for a new trial based on newly discovered evidence if it was discovered after the trial and could not have been discovered before the trial by the exercise of due diligence. However, you need to move quickly. The time limit for filing a motion... View More

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0 Answers | Asked in Public Benefits and Appeals / Appellate Law for Colorado on
Q: SSDI overpayment letter, $79k owed, need appeal advice.

I just received a letter from the Social Security Administration stating that I owe them over $79,000, claiming I have been receiving SSDI benefits in error. The letter does not provide an explanation for the overpayment but mentions I have 30 days to appeal. I have reviewed my benefits statements... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Kentucky on
Q: Criminal case 'no bill' decision, next steps?

I was the defendant in a criminal case where the decision came back as 'no bill.' I did not receive any official documentation aside from the note written on the inventory paper listing the items the police took as evidence. They returned my gun, which had an evidence tag, but the DVR did... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

You should consult a civil rights attorney to determine whether you have a claim and at a very minimum, get your DVR back.

0 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice for Oklahoma on
Q: Can I sue a judge and DA for a conflict of interest during my husband's trial?

I'm seeking advice on whether I can sue a judge and a prosecuting DA who had a sexual relationship during my husband's trial, which led to his conviction. My husband's attorney learned about the affair once it became public, and it wasn't disclosed during the trial. Although the... View More

0 Answers | Asked in Employment Law and Appeals / Appellate Law for Georgia on
Q: Can I appeal a disciplinary action at Target related to music and a note on layoffs?

I am concerned about possible termination after receiving a disciplinary action at Target, related to playing music on my laptop, and a separate note in Workday referring to known layoffs. However, the note wasn't seen by other team members. Is there a way for me to appeal this action or steps... View More

0 Answers | Asked in Appeals / Appellate Law and Criminal Law for Alabama on
Q: Options for reducing 15-year hindering prosecution sentence in Alabama

My son is serving a 15-year sentence for hindering prosecution by giving a false identity to a police officer in Alabama. At the time of the incident, he was in Phase 2 of drug court but left his mandated rehab, which led to a warrant for his arrest. While evading rehab, he provided false... View More

0 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Family Law and Contracts for Nevada on
Q: Can a plaintiff file a lis pendens if judgment execution is delayed and assets are transferred?

I am dealing with a situation where the family court has entered a judgment for the division of several joint accounts, but the defendant has delayed execution and transferred the joint assets. The defendant's appeal has been dismissed, and there is a motion without progress. Currently,... View More

0 Answers | Asked in Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for South Carolina on
Q: Need federal statute for privilege in federal case involving SCDSS records

In my federal case pending in the District Court of South Carolina, I am moving to quash a subpoena issued by the defendants to SCDSS, a non-party, for records related to an unrelated closed family court action on abuse/neglect. This case involves both state and federal claims, including Sections... View More

Q: Can husband get early release from weekend jail despite agreement?

My husband has been sentenced to serve 53 days in county jail on weekends in Crittenden County, Kentucky. He has been diagnosed with mental health issues since 2019, and his condition is declining. His attorney requested house arrest or some modification due to his mental health, but the court... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

It is unlikely but you could certainly file a new motion based on the new evidence you have. An appeal would likely be fruitless bc he will have served out long before it is ever heard.

0 Answers | Asked in Appeals / Appellate Law, Constitutional Law and Probate for Georgia on
Q: How to appeal a probate court decision in Georgia due to rights violations?

I want to appeal a probate court decision in Banks County, Georgia. I believe my rights under the Fourth to Eighth Amendments were violated, as the court allowed hearsay comments and engaged in misleading statements. Furthermore, I was incorrectly informed that a lawyer was appointed for my... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Consumer Law for California on
Q: Steps to reclaim $10,000,000 from dismissed Federal Court case

I had a case, number 0:24-cvus-01362, at the U.S. Federal Court in Washington, D.C., which was dismissed without prejudice. I attempted to appeal with case number 24-1632 and paid a $600 fee, but my claim for the amount of $10,000,000.00 was dismissed again. The government pointed out that my Award... View More

James L. Arrasmith
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answered on Mar 6, 2025

Your situation with the dismissed federal court case is complicated, and the dismissal "without prejudice" means you may still have options to pursue your claim. When courts flag potential scams, they require substantial evidence to overcome those concerns, beyond what you may have... View More

1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for Texas on
Q: How to appeal for unjust enrichment after losing a case?

I recently renovated over 80% of a residence, but the court case held on 3/4/25 ruled in favor of the Plaintiff. There were no agreements in place regarding the renovations. I am not currently working with a lawyer and need guidance on how to appeal for unjust enrichment to seek a favorable outcome.

John Michael Frick
John Michael Frick
answered on Mar 6, 2025

To file an appeal, you need to file a notice of appeal within 30 days of the date the final judgment was signed. An appeal is not a DIY project. You need to hire an attorney who practices in the area of civil appellate law in the appellate district where the trial court is located. You should... View More

0 Answers | Asked in Appeals / Appellate Law, Public Benefits and White Collar Crime for Idaho on
Q: Tax return offset for alleged unemployment fraud in Idaho.

I received a letter stating that money is being taken out of my tax return due to alleged unemployment fraud. I contacted the agency, and they mentioned that I could appeal, but it would be difficult. No evidence of fraud was provided to me. The agency claimed the fraud took place around December... View More

1 Answer | Asked in Education Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Can I appeal my child's alternative school placement for declining a bag search?

My child was sent to an alternative school last week because she declined a search when she requested for a parent to be present, which was denied by the school. Despite her refusal, her bag was searched. Following this, she was placed in SDGC for 60 days. There is a student handbook, but my child... View More

John Michael Frick
John Michael Frick
answered on Mar 6, 2025

Theoretically you can appeal. You will need to prove that your child did not decline to allow the search. Asking for a parent to be present is irrelevant as that request was denied by the school, which the school has the right to do. It is similarly not important that your child was not aware of... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Gov & Administrative Law for Kentucky on
Q: Can my friend still be charged with a felony without indictment after 8 months?

My friend was arrested and charged with burglary after his girlfriend, who was incarcerated, gave him the keys to her safe to retrieve money meant for hiring her a lawyer. She instructed him to avoid the cameras because of her dad, so he entered through a window. Her dad, who is pressing charges,... View More

Timothy Denison
Timothy Denison
answered on Mar 6, 2025

Yes. He can. There is no statute of limitations on a felony.

0 Answers | Asked in Appeals / Appellate Law and Gov & Administrative Law for Oregon on
Q: How to access original case transcripts for Oregon State vs. Arthur William Newby from 1986-87?

I am looking to find the transcripts of the original case for Oregon State vs. Arthur William Newby from 1986-87. I've only found the appeal to the case through Google searches. Could you guide me on how to access the original case file or transcripts?

0 Answers | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Q: What documents are needed to refile a criminal case in the PA Supreme Court after missing deadlines?

I had a criminal case in the Pennsylvania Supreme Court two years ago, which closed after I missed the deadline to submit necessary documents, including a verified status of continuation of in forma pauperis (IFP) nunc pro tunc. I did not have legal representation and was informed I might be able... View More

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Montana on
Q: Clarification on concurrent vs. consecutive sentencing in MT.

I'm seeking clarification regarding my boyfriend's sentencing for possession of a dangerous drug and possession of paraphernalia. He received a 60-month sentence, with 24 months suspended, to be served concurrently, and a consecutive 6-month county jail sentence. Before his release, the... View More

0 Answers | Asked in Appeals / Appellate Law, Gov & Administrative Law and Public Benefits for Ohio on
Q: How can I collect owed PUA funds after Ohio appeal win?

I recently won my appeal for a PUA claim, but I was informed over the phone that I would not be paid the money owed to me. There were no specific reasons given, and I've received no written communication. After multiple phone calls and getting the runaround, I'm still unsure how to... View More

1 Answer | Asked in Education Law, Appeals / Appellate Law and Civil Rights for California on
Q: Rights to dispute school transfer after involvement in a fight

I am a 10th-grade student involved in a fight, and due to this, I am being transferred to another school within the same school district. There have been prior incidents, and although I attempted a verbal appeal, it was ignored. What are my rights to dispute this transfer?

James L. Arrasmith
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answered on Mar 5, 2025

In California, you have specific rights when facing a disciplinary transfer. You and your parents should request written documentation of the transfer decision and the school district's policies on disciplinary transfers. Under California Education Code, you're entitled to due process,... View More

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