Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I relocated from Florida to Georgia with my child's other parent's consent, given via text message. However, during a recent court hearing regarding our parenting plan, my agreement wasn't recognized, and the magistrate ruled against me, claiming I didn't inform him of the move.... View More 
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answered on Apr 13, 2025
To object to the ruling, you’ll first want to file a motion to reconsider or a motion for a new hearing with the court. In your motion, clearly explain that you have evidence, such as text messages, showing that the other parent consented to the move. Emphasize that this evidence was not... View More
I completed work on a house in June 2024 following all code requirements. However, I'm being sued by the homeowner who claims I didn't do the work correctly. The court ruled against me by default judgment without my knowledge, as they accepted the opposing attorney's attempts to... View More
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answered on Apr 13, 2025
If a default judgment was entered against you without your knowledge, you may be able to file a motion to set aside the judgment, especially if you can show you were not properly notified of the court proceedings. The first step is to gather all documents related to the case, including the default... View More
I am a pro se plaintiff dealing with a procedural issue. The defense removed my case to federal court without initially conferring with me to address a clerical error in the caption from the state court. Instead, they rushed to federal court to avoid default. In federal court, they are pressuring... View More
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answered on Apr 13, 2025
You have every right to raise the issue of procedural inconsistency, especially since the defense failed to confer with you before removing the case—something they now insist you must do. In your motion to remand, you can point out their lack of good faith effort to resolve minor issues, like the... View More
I was involved in a 3M earplug lawsuit that the judge dismissed due to late submissions on our part, which affected many of us. We are looking to appeal the dismissal to seek justice. Could you advise on the steps we need to take for a successful appeal?
answered on Apr 1, 2025
There is only one step - retain an appellate attorney NOW. Appellate work is quite different than trial work and there is literally no room for error. Most attorneys do not handle appellate work for that very reason - it is much different than trial work and its a completely different skill set. An... View More
I am seeking information on whether my brother, who has been incarcerated since 1997 and sentenced to life as a PRR (Prison Releasee Reoffender), could be eligible for post-conviction relief. His life sentence was imposed by a judge rather than a jury, which seems related to rulings such as... View More
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answered on Mar 28, 2025
Your question involves complex constitutional issues that center on how sentencing enhancements are determined. The Supreme Court rulings in Apprendi and Erlinger require that any fact increasing a sentence beyond a statutory maximum be decided by a jury. Because your brother’s life sentence was... View More
I am looking for recent rulings in the Marcus Mays case by the Florida Supreme Court concerning the unconstitutionality of the PRR, which might make his sentence illegal. This is important to me because I am facing a similar situation.
answered on Mar 19, 2025
I looked at the Marcus Maye decision in the district court and listened to the recent oral argument before the Fla S Ct. The DCA opinion reviewed the denial of relief filed by a person whose case is from 2003. The DCA said PRR sentence was good. Fla S Ct oral arguments dealt with issues such as... View More
I was the defendant in a small claims case where the plaintiff (my landlord) sued me for one month's rent. In court, we agreed that I would pay $800, which the judge would allow the landlord to deduct from my deposit. However, the judge ruled that I must pay $3,400, including January rent,... View More
answered on Mar 19, 2025
A notice of appeal must be filed within a short timeframe after a judgment. You should see an attorney to determine if you have time to file a notice, and whether it makes sense to appeal. Appeals are costly.
I was permanently suspended by Sony Playstation for an offensive message, despite it being my first permanent suspension and after apologizing and promising not to do it again. They rejected my appeal, and I'm unable to access the games I purchased or my still-active subscription. Can I take... View More
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answered on Apr 12, 2025
You may have some legal options to pursue, but the outcome will largely depend on Sony's terms of service, which you agreed to when signing up for their platform. Many companies, including Sony, have broad terms that give them the right to suspend accounts and make decisions on appeals without... View More
I am a conditional permanent resident, and I mistakenly submitted Form I-90 instead of the required Form I-751 for renewal. My application was denied, and USCIS informed me of the error on March 12, 2025. My conditional residency expired on September 14, 2023, and I submitted Form I-90 in May 2023.... View More
answered on Mar 18, 2025
Consider scheduling a consultation with a competent and experienced immigration attorney. If you are no longer with the spouse through whom you acquired your conditional permanent resident status or intend to file as a battered spouse, then USCIS will accept your untimely Form I-751 without you... View More
I am involved in a case in Florida where the judge sentenced a defendant to life as a Habitual Violent Felony Offender, but failed to mention the specific offense for which he was being sentenced. I am looking for new and old case laws in Florida that discuss the necessity of pronouncing the... View More
I lost a landlord-tenant civil case in Florida because I didn't retain an attorney within 20 days. During the year I hired an attorney, two hearings were scheduled but both were canceled. I was informed by my attorney that I lost the case solely because of this issue. I believe this is unfair... View More
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answered on Mar 11, 2025
Happy to assist. We will need to see a copy of the case or the case number to be able to pull it up.
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
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
I recently went through a custody battle with my ex-husband, where I was granted full physical and legal custody with a no-contact order. He's filed an appeal, and I've returned to court multiple times due to his contempt. My current issue is that my current husband's ex-wife keeps... View More
answered on Mar 2, 2025
You will need to call a lawyer to schedule a consultation, so that the court docket and documents may be reviewed. Your description is confusing regarding why your current husband's ex-wife would be a party to court proceedings (or is she?), and is so, for what type of proceeding and which... View More
I retained a lawyer on 2/12/2021 with a retainage package that included federal appeals. However, my case was remanded to the state, and my lawyer claimed they do not handle federal appeals, leading to a loss in the federal case. There was a lack of updates regarding state and malpractice cases... View More
answered on Feb 27, 2025
Your inquiry is about a complex situation that is not possible to be definitively answered in an online forum. It sounds like your case was in Federal Court, which remanded it to State Court for the case to proceed there. Such remands could be either for technical reasons that don't interfere... View More
I discovered a few months ago that an investigator fabricated audio recordings used against my son, who was sentenced to 18 years in West Palm Beach in 2015. These false evidence findings are now part of the public record. Despite hiring several lawyers over the years, it was only recently revealed... View More
answered on Feb 16, 2025
The usual method is a motion for post conviction relief under Rule 3.850. Normally, there is a time limit of 2 years from the date your son's case. That time limit does not apply when there is newly discovered evidence which could not have been discovered earlier through the exercise of due... View More
If I've already filed my appeal to the court by myself can I now pay a lawyer to pull it back and revise it?
answered on Feb 9, 2025
Certainly you can hire an attorney for the purpose of revising it.
My friend took a 15 year prison plea deal believing that the police had a warrant to find the ''evidence'' in his phone. He never seen the warrant and now that he's in prison he decided to review his discovery. I been helping from out here. The warrant was not included in... View More
answered on Feb 7, 2025
Your friend needs to consider post conviction relief if the lack of a search warrant was a significant aspect of the case. Keep in mind that the case might have been prosecutable for other reasons, or the police may claim he consented to the search. To your question, maybe there's a search... View More
The Sheriff posted the writ, but no one was present.
Tenant’s Appeal: Tenant filed an appeal in the appellate court, delaying eviction. Your lawyer is preparing a response, due by 1/31.
Tenant Possibly Vacated: Tenant emailed about moving out by 1/30, and neighbors report the... View More
answered on Jan 30, 2025
You probably can, but that is a question you should ask your attorney. Your attorney may want to move to dismiss the appeal.
Which is ineffective counsel bcuz lawyer failed to do his job. That time and sentence messed me up to say the least. Is there anything that can be done for the time I lost?
answered on Jan 22, 2025
you would need to prove that, but for the ineffective assistance, a different outcome would have been likely. first thing you need to do is get a copy of the entire file in your case so it can be reviewed
Can provide case information if you can help
answered on Jan 21, 2025
Your first attempt to see if you can receive pro bono legal assistance is to find and contact your local office providing legal services to indigents. It may be called either Legal Services or Legal Aid, depending on what's in your area. If no luck there, try the local bar association for... View More
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