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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: How can I appeal in Small claim for someone other than the judge to judge

He would not hear me shutting me down when I speak, won't listen to my proof in evidence and disregards my accusations against the plaintiff

Were i am stating laws that plaintiffs has broken and the iied that she has and is inflicting,he goes yelling that there isn't nothing that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 19, 2022

It appears that your main problem is that you are talking out-of-turn. The order of speaking is often over-looked by many pro-se litigants.

The plaintiff is supposed to speak and call witnesses first. The defendant should not interrupt or attempt to present his/her side of the story...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: if i appealed a case and got it reversed and remanded would that apply to my co defendants...

the appealed decision was from a motion to suppress evidence, the evidence that was found is what charged everyone, so if it in fact is reversed by a higher court then wouldn't the same happen to the co Defendents. because if there is no evidence then there is no case no crime?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 24, 2022

As in most cases, it depends. It depends upon why the appellate court hypothetically found that the evidence should be suppressed as against you. It could be, for example, that the other parties didn't have standing to object to seizure of the evidence from you.

1 Answer | Asked in Contracts, Appeals / Appellate Law, Environmental and Land Use & Zoning for Florida on
Q: Live in a CDD, adjacent to StormWater Area & wetland. Purchased for privacy. Area behind my home is floodzone AE.

There's a "No Public Access" permit condition in deed restrictions, "no public access" sign at entrance. The plat illegally shows "RECREATION"

People ignored the sign, talking and disturbing me at all hours. Property Mgmt sent a letter stating the area... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 19, 2022

You can use the “Find a Lawyer” link on this page. Lawyers cannot contact you first. The dismissal with prejudice seems very harsh just for not attaching the documents.

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 Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Florida on
Q: Did my lawyer have conflict of interest against my x who stated in court that they have been good friends last 10 yrs?

We went to court twice. My lawyer called my x into the hall to talk before he even acknowledged me both times. Permanent DVI hearing, my lawyer has nothing of mine to present to the judge. No pics of all the bruises, no police rpts, nothing. My Permanent DVI was denied. CPS requested emergency... Read more »

Michael Ferrin
Michael Ferrin answered on Mar 13, 2022

The Florida Bar has an ethics hotline that you can contact anonymously and ask if there was a conflict of interest. Just google Florida Bar Ethics Hotline and you should be able to find it.

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... Read 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... Read 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... Read 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 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... Read more »

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 -... Read 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... Read more »

Charles William Michaels
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... Read 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... Read 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...
Read more »

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... Read more »

Vanessa Vasquez de Lara
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... Read 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... Read more »

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