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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Is there any case law where a case is filed incorrectly in circuit court and is then transferred to the appellate divisi
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 26, 2012

There could be cases where a case was filed in circuit court and then transferred to the appellate division of the same court. There might be some wherein constitutional issues cause it to go directly to an appellate court.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Is there any case that the two prong Strickland test has been denied, AFTER the prejudice prong has been established?
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 26, 2012

Recognizing that this question was asked a year ago, I doubt that an answer would be useful at this stage. However, when asking questions like this it is better to give some facts and the citation to the case or cases that need to be read in order to answer them.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Someone has two motions in court 3.850 and 3.800 and also filed an expediate proceeding pro se. The judge gave to state

90 days to respond to the motion but it has been over 90 days and the state has not responded yet or asked for an extention to respond. Will it be appropriate to file another motion but to the appeals court to correct an illegal sentencing?

Robert Jason De Groot
Robert Jason De Groot
answered on Jun 26, 2012

The court has to determine whether the motions are sufficient on their face.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How long does an appeal answer take once final answer reply is in- FL.
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 26, 2012

It can take years for any of the DCAs to decide.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: WHAT is the time limit, for a response from US COURT of APPEAL, FOR a petition WRIT OF PROHIBITION ?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Usually a Writ of Prohibition determination will be made within a week.

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