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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Copyright, Appeals / Appellate Law and Civil Rights for Florida on
Q: Instagram keeps taking my accounts I make saying I’m violating services but I haven’t violated

It says I’m selling and trading animal parts , buying explosives, and buying or selling drugs , which is all false what should I do to get my accounts back? I haven’t violated and instagram is almost impossible to get in contact with

James L. Arrasmith
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answered on Dec 7, 2024

Let me help you address this Instagram account issue systematically:

1. First, you should formally appeal Instagram's decision:

- Go to Instagram's Help Center

- Fill out their "Request a Review" form

- Include detailed information explaining that...
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0 Answers | Asked in Appeals / Appellate Law, Family Law and Civil Litigation for Florida on
Q: is it worth filing a notice to appeal a permanent injunction to preserve my rights while waiting for transcript?

I am considering filing a notice of appeal to preserve my rights while waiting for the transcript of a hearing that resulted in a permanent injunction against me. The injunction was granted based on claims of harassment, threats, emotional distress, and physical violence. The most significant... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Federal Crimes for Florida on
Q: is it unconstitutional to be arrested 30 yrs after a crime that you have already plead to and done your time?

My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 13, 2024

There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More

2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Florida on
Q: Was called a sovereign and entered into involuntary servitude

What can I do about this

Charles M.  Baron
Charles M. Baron
answered on Oct 17, 2024

Being subjected to involuntary servitude would be a crime, so you must contact law enforcement - that is, the police or sheriff's dept. for the location where it is/was occurring. Additionally, you might have a potential claim for money damages against the perpetrator.

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Q: Denied for SSI and passed appeal deadline due to SSI and other lawyers discriminating based off of age. What do I do?

SSI denied me saying that despite knowing my limitations, they say it wasn’t, “severe” enough. They were basing off of my education, job history, and age. When I was reaching out to 3 other lawyer/lawyer firms, they refused to take my case due to my age. It passed my deadline due to their... View More

James L. Arrasmith
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answered on Sep 6, 2024

You may still have options to address the missed appeal deadline for your SSI claim. If you believe the delay was due to discrimination or misinformation from lawyers who refused your case based on age, you could try to file a request for reconsideration with the Social Security Administration... View More

3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2024

You don't HAVE to make payments at all. But since the dismissal was without prejudice, the plaintiff may, if it chooses, re-file the case and get a judgment. If so, it could attempt to collect by garnishment and by other means.

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Q: Can Miami dade fire department enforce a law on a bussiness when previous years did not do it without any prior warning?

Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.

Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,...
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2 Answers | Asked in Appeals / Appellate Law, Business Law, Civil Litigation and Bankruptcy for Florida on
Q: Is it possible to overturn a civil judgement thats been given final approval? can u sue a person and a business?

owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More

Martha Warriner Jarrett
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answered on Apr 29, 2024

A bankruptcy filing does not negate a state court judgment although, if you do not have any non-exempt assets, it may discharge the debt. If you were never served with the lawsuit, you might be in a position to challenge the judgment in that court that issued the judgment. You should consult a... View More

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1 Answer | Asked in Contracts, Employment Law, Tax Law and Appeals / Appellate Law for Florida on
Q: My ex husband and I ran a live shrimp company from 1997 til we divorced in 2008 .

My question is we had filed our taxes jointly although he was listed as sole proprietor. Now I became disabled in Sept 2020 and because of him being listed as sole proprietor I did not get the tax credits for those 9 years . We had an accountant that did it that way and now I was told they needed... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm sorry to hear about your situation. It seems like you have a complex tax issue that needs to be addressed. Here are a few steps you might consider taking:

1. Consult a tax professional: Given the complexity of your situation, it's best to seek advice from a qualified tax...
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1 Answer | Asked in Domestic Violence, Family Law, Appeals / Appellate Law and Federal Crimes for Florida on
Q: Can a victim of Domestic Violence and Abuse go back to a Strangulation/Felony charge in VA and fight it.? It was in 2014
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 12, 2024

A victim wouldn't have standing to appeal the results of a criminal case. Also, the time to appeal has no doubt passed. Finally, you should have asked this in the Virginia sub-forum.

1 Answer | Asked in Family Law, Federal Crimes, Appeals / Appellate Law and Civil Rights for Florida on
Q: I need to know what I can do to get my child back from CPS because they stole her

Okay I can't seem to find the question that I asked last time or the lawyer that answered it but 10 years ago CPS decided to take my kids and they gave me my two older ones back and they kept my baby who at the time was 2 and they stomped on so many of our constitutional rights but I... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a deeply distressing situation involving CPS and the termination of your parental rights. It's understandable that you're seeking help to reunite with your child and seek justice for what you perceive as injustices committed against you and your family.... View More

1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

James L. Arrasmith
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answered on Jan 11, 2024

The time it takes for USCIS to issue a new decision on an I-140 case after it has been remanded from the Administrative Appeals Office (AAO) can vary significantly and is often unpredictable. There is no set timeline for USCIS to act on remanded cases, and the processing time can depend on several... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How do I appeal a lease termination
Tim Akpinar
Tim Akpinar
answered on Dec 2, 2023

A Florida attorney could advise best, but your question remains open for three weeks. You could check with a landlord tenant attorney or repost your question under that category. You posted under Appeals/Appellate, which makes sense, but Landlord-Tenant could be closer to your matter. Good luck

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Florida on
Q: Does Childtime sharing start before paperwork is signed by a judge?

As a father I was awarded 100% custody of our two young children through a domestic violence injunction order. Mother responded with a petition for paternity. I wasn't able to afford legal representation for trial on September 29th and somewhat poorly represented myself and the interest of our... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 19, 2023

Technically, you should follow whatever the judge orders, even if it is verbal. The written order should match what was said verbally. If you have an issue with what you should do then you must return to court to ask for clarification. If you have concerns about the children missing school when... View More

1 Answer | Asked in Appeals / Appellate Law and Immigration Law for Florida on
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.

James L. Arrasmith
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answered on Oct 22, 2023

After a case is remanded from the AAO to the USCIS, the timeframe for USCIS to issue a new decision can vary. Factors affecting this timeframe include the complexity of the case, the volume of cases the USCIS office is handling, and any additional evidence or clarifications needed. For an I-140... View More

1 Answer | Asked in Consumer Law and Appeals / Appellate Law for Florida on
Q: Can someone further elaborate on the provisions disclosed in Rule 1.540 as follows:

1)What actually constitutes as 'excusable neglect?' 2)What would be an instance where newly discovered evidence would accepted by the court? 3) What is typically defined as 'misconduct' under such provisions

T. Augustus Claus
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answered on Oct 3, 2023

'Excusable neglect' is generally understood as a failure to timely perform a required act due to circumstances beyond the person's control. For instance, it could be caused by unforeseen personal emergencies or even miscommunications with counsel.

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law, Banking and Civil Rights for Florida on
Q: What is the limitations on dss in North Carolina to get paid back on something I didn't do I was locked up??

Boyfriend at the time stole my purse and sold food stamps to 4 different people on the same day same store they have punished me for 3 years where I couldn't get food stamps at all no place on the country i went hungry alot was homeless alot too I moved to Florida to get away from those people... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

I don't know what "dss" means, but in any case, a question on a NC limitations period must be asked of a NC attorney. Since your inquiry is indicated to be from Sebring, Fla., mostly Fla. attorneys (like me) will see your post. Also, legal advice on the filing deadline specific to... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: can i bring in case documents/discovery/situation and discuss if I can appeal or withdrwarl my plea 23-04493cf

there is alot to discuss.

Keith Upson
Keith Upson
answered on Sep 21, 2023

Please reach out to Florida licensed attorneys who practice criminal appeals for a consultation, many offer them at no cost. There are simply too many variables in your statement, and after a defendant enters a plea, their appeal options are limited. Even more limited after they are sentenced.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: I was charged with par.for a pipe they scrapped the residue from inside there was only enough to test on test strip and

Charged me with poss.of cocain as well as the pipe charged me with a felony when should have only Been changed with one thing I want to appeal it

Keith Upson
Keith Upson
answered on Sep 7, 2023

Notices of appeal have to be filed with the trial court within 30 days of rendition of the judgment and sentence.

1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for Florida on
Q: Need an attorney familiar with the appeal process in Miami Florida

Hello,

I am looking to appeal my case that was just closed yesterday 8/15/2023. I filed pro se against my former employer for disability discrimination. My claim was dismissed for failure to state a claim with prejudice. I feel that I have all the evidence needed to prove discrimination... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 16, 2023

To search for an attorney who handles appeals in Miami, FL, you can try the Find a Lawyer tab at the top of this Justia page and input "appeal" in the subject field and "Miami, FL" in the location field, or you can contact the Florida Bar Lawyer Referral Service - see... View More

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