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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Can I appeal my case?
Keith Upson
Keith Upson
answered on Aug 16, 2023

Maybe.

How many days ago was the judgment rendered?

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Civil Rights and Small Claims for Florida on
Q: Can a judge refuse to see documents that shows evidence and causes of actions that where authorized by JSO

Being sued for property damages that where authorized y Sheriffs office in Jacksonille Fl.Judge did not allow me to defend myself or show documentations that showed the reason of my actions....its was put boots on truck while was asleep

Charles M.  Baron
Charles M. Baron
answered on Jul 28, 2023

In order to receive advice on whether the judge acted properly or improperly in your case, as well as what can be done if the he/she acted improperly, you need to schedule a consultation with an attorney. Whether a judge can refuse to review items of evidence depends on various factors, including... View More

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: If I invoke the appellate courts original jurisdiction does the trial court automatically lose its jurisdiction over me

I filed a writ of prohibition in regards to the question above

Keith Upson
Keith Upson
answered on Jul 6, 2023

Automatically, no. If the court of appeals issues a show cause order, yes.

See Florida Rule of Appellate Procedure 9.100(h), and Byrd-Green v. State, 40 So. 3d 848, 848–49 (Fla. 3d DCA 2010):

"A petition for writ of mandamus, together with the other four extraordinary...
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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If a lawyer has only been working my disability case for a few months when I've been fighting it for 2 1/2 years

Are they still entitled to 7500 or 25 percent? I'm looking at getting $22,000 and it doesn't seem right that they only spent maybe 19 hours total on the case and I did all of the work for them to get that much.

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2023

A Florida attorney could advise best, but your question remains open for three weeks. It could depend on the terms of your agreement with the attorney. Without seeing the retainer, it would be difficult for anyone to evaluate. Good luck

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for Florida on
Q: I'd like to get information on obtaining a pro bono attorney for my case if possible.

I currently have a restraining order placed on me two years ago, but the other party has been contacted me, and even visited my apartment. I feel that the restraining order is unjustified,as the other party can't prove they fear for their life .

Destardes Moore
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Destardes Moore
answered on Jun 17, 2023

You may be able to file a Motion to Dissolve the Injunction. You should consult with an attorney regarding the specific facts of your case to determine if you meet the burden required to dissolve the injunction. Contact your local legal aid center for assistance.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Florida on
Q: In Fla.'s 14th judicial circuit court , is accepting a plea deal - waiving all rights to appeal- irreversible?

I pose this question w/ no pretense @ all- just need %100 clarity as it seems even when it appears matters are written, notarised etc. there usually seems to be some legal loophole or recourse despite being' final'..

Keith Upson
Keith Upson
answered on May 27, 2023

Unless there is a legal dispositive issue that has been expressly reserved,

Yes.

2 Answers | Asked in Traffic Tickets and Appeals / Appellate Law for Florida on
Q: Can Florida file for extension of time 2/23/23 if judge orders 30days to show cause 12/20/22
Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Yes. Take it up with Gov. DeSantis, he is there to protect you.

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1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Florida on
Q: Can the state of Florida file motion for extension of time on 02/20/23 if the judge orders the state 30 days from

12/20/22 to show cause

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Yes. Take it up with Gov. DeSantis, he is there to protect you.

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for Florida on
Q: I was convicted of a dui back in 2012 and it's my first conviction in fl how do I do the dui class if I live in nv

I have completed mental health program in nv can fl accept it as I did a substance abuse treatment

Kevin John Mawn
Kevin John Mawn
answered on May 10, 2023

You should contact the Bureau of Administrative Review, in Florida, to determine if your NV class will meet the requirements of Florida’s DUI level 1 school. Unless you live or work in a Florida County, you are prohibited from taking the FL DUI level 1 class. Thus, out of State classes should be... View More

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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: I have a warrant for vop. I want to kno can I appeal the original charge still I paid for the rental car and bank s

Statement to prove I paid and the judge wanted a contract and I couldn't provide one bcoz I kept extending the rental. The company said it was stolen l. Can a lawyer get this warrant recalled

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 6, 2023

If you are charged with violation of probation, apparently you were convicted of the original charge. It's probably too late to appeal the conviction, so no. Get an attorney.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Florida on
Q: Am i able to start a case if a defendant was falsely convicted and their due process right was violated?

There was a warrant to search a house. In trial it wasn’t used but was brought up that there was a warrant for a murder suspect. The original warrant reason was sales of mdma and marijuana. There was no sales charge given nor any audio or video of the sales being recorded. Also there was... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 18, 2023

Are you asking about a Legal Malpractice case? If so, many states have particular requirements for a legal malpractice case arising out of a criminal case. This might include the requirement of a finding of exoneration. Consult with experienced legal malpractice cases in your state.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: If a witness has decided not to testify in court, IS IT HEARSAY if someone mentions in court what that witness said?
Jonathan Blecher
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Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Testimonial statements by witnesses who are not subject to cross- examination at trial may not be admitted unless the witness is unavailable and there has been a prior opportunity for cross-examination. Crawford v. Washington, 541 U.S. 36 (2004), is a landmark United States Supreme Court decision... View More

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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Can you explain to me the fl court of appeals the pro ess and how long it takes

It's already been approved

Keith Upson
Keith Upson
answered on Feb 27, 2023

This resource should answer most of your questions:

http://prose.flabarappellate.org

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: I need to request a new hearing in a civil case in Charlotte Co. FL. that I was found liable for because I couldn't make

It to the hearing. Plaintiff won by default. I never got my day in court. Can I request that?

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 10, 2023

Yes, you can, BUT

1. you did have your day in court. Unless you were in the hospital unable to access the court by telephone, kidnapped, or physically trapped, you could have made it to Court. make sure the reason that you didn't make it to Court was something that was completely out...
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1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Florida on
Q: How long does an employer have to file an appeal for a employee claim that was approved in the state of Florida?

I am talking about a unemployment claim

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 3, 2022

Not more than 15 days, so get off the Internet and find a lawyer to help you file the appeal.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If I receive a paper from the courthouse saying my appeal was discharged what does that mean after the initial brief???

I don't even have an attorney on this case yet I've been having to do everything myself and I'm scared I don't know what I'm doing it's for my rights for my kids.

Keith Upson
Keith Upson
answered on Aug 11, 2022

Is the case in Florida? It is really difficult to answer based on how the question is presented, but would be easy to answer if someone who knows what they are doing looks at the docket. There are many Florida appellate attorneys who will give you a free consultation if you simply google... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: I went to trial for a case and got two hung jury’s during the trial in the process of trial the jury asked for

A lesser charge because the victims statement changed drastically and added more then what was originally said in the confession the judge responded no the outcome was another hung jury after that question I went home and was mailed another hearing letter to start the case completely over I hired... View More

Keith Upson
Keith Upson
answered on Jul 25, 2022

There are many competent criminal appellate and post-conviction attorneys in Florida who will give you a free consultation if you reach out and ask.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Florida on
Q: How does corpus delicti apply in a criminal case if the alleged defendant was unaware of the rule.

There was evidence that existed of an audio confession but no other evidence existed to support crime was committed.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2022

In short, it doesn't. Assuming that the defendant didn't have an attorney, if the defendant failed to raise the objection it has been waived. The judge may have thought that there was sufficient evidence that a crime had been committed.

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: Can I appeal a case after the jury decided he was not guilty

The case was at palm beach county and the assistant to the state attorney failed to show the jury extremely important evidence

Keith Upson
Keith Upson
answered on Jul 18, 2022

No.

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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Appeal dismissed case, argue a/g mootness on violations of civil/constitutional rights.

I accused of stalking after argument with woman at a Target store in Bradenton, Florida. “Stalking” here was printed materials & items posted online w/pictures from woman’s public Facebook page. I never contacted or attempted to contact this person. No physical evidence tying me this.... View More

Charles William Michaels
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Charles William Michaels
answered on Jul 18, 2022

If the case was dismissed, in your favor, there is essentially nothing to appeal. Let it go.

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