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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: HE WAS FOUND NOT GUILTY AFTER 34 MONTHS CAN HE GET PAID FOR THE TIME?

IT WAS IN FL

Henry George Ferro
Henry George Ferro
answered on May 9, 2019

If your question is can you be reimbursed by the State of Florida for the 34 months you were in custody after being found not guilty...My first response is that you could only be reimbursed if the State of Florida knew or had reason to know that you were in fact not guilty...

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If a seante Bill has a affected date is it finalized

In the state of Florida

Tim Akpinar
Tim Akpinar
answered on May 22, 2019

Yes. As a general matter, the effective date is the culmination of a bill into a statute. You could find further details about a bill's history on the website of the Florida Senate.

Tim Akpinar

3 Answers | Asked in Appeals / Appellate Law for Florida on
Q: How do you know when a seante Bill is finalized and if it has a affected date is it finalized

It's for the state of Florida

Gary Kollin
Gary Kollin
answered on Apr 27, 2019

Go on thr Florida Senate website

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1 Answer | Asked in Appeals / Appellate Law, Family Law and Divorce for Florida on
Q: Is there statute of limitation to appeal a final judgement of marriage dissolution so much wasn’t addressed.
Rand Scott Lieber
Rand Scott Lieber
answered on Apr 25, 2019

You have 30 days to appeal a final judgment.

2 Answers | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Q: Can USCIS use a self employed persons write offs to deny them as a sponsor for a I-485

My wife's I-485 was denied this week because my evidence of assets doesnt meet the federal poverty line. They sent us an RFE in December asking to see my entire 2017 tax return and my bank statements for every month in 2017. My tax return showed that I grossed over 69k in 2017. I had over 87k... View More

Kevin L Dixler
Kevin L Dixler
answered on Apr 17, 2019

More information is needed. What date was the decision? Is it more than 33 days ago m? You may want to consider whether to file a motion to reconsider or a new filing. Many choose the latter, but it depends.

As a result, I strongly recommend an appointment with a competent and experienced...
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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Can the second Department Appellate Division deny you leave to appeal a 440 denial without reason?

After being denied a hearing in the local court on a C.P.L 440.10 motion the defendant applied for leave to appeal in the second Department Appellate Division. A one-page denial was received with no reason for the denial.

Gary Kollin
Gary Kollin
answered on Feb 25, 2019

Although this question asked about a power law in Florida, the context of your question seems to refer to New York law. Please correct and resubmit

2 Answers | Asked in Family Law, Appeals / Appellate Law, Probate and Wrongful Death for Florida on
Q: Inquiring if there is any leagal action to dispute next of kin as a blood daughter vs spouse .

Wanting to file malpractice lawsuit for her death and was told her husband would be the only one able to do so even tho he’s nothing to her 3 kids and was also the enabler for her problem why would he deserve this over us ?

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 31, 2019

I am so sorry to hear about your mother's passing. I think what you are referring to is that the spouse has preference of appointment as personal representative (PR) in the probate estate, and the PR is the person who would file the lawsuit.

All is not lost, however. If the spouse...
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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Can a motion granted by the appellate courts judge, be dismissed by a bankruptcy court judge?

landlord violated the bankruptcy code by continuing to pursuit an eviction despite the lower courts being notified of the bankruptcy. Because landlord violated the federal bankruptcy code, the Appellate Division Judge granted a bankruptcy stay motion until further order and until the initial brief... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 14, 2018

No, probably not. Your terminology makes your question somewhat confusing, but the order granted by the state DCA would probably not be subject to collateral attack in the bankruptcy court.

1 Answer | Asked in Contracts, Appeals / Appellate Law and Civil Litigation for Florida on
Q: How do I get my wife removed from a court order?

My wife and I have been individually responsible for our own medical expenses ever since we were married. In February 2016, I was in the hospital for seizures and my wife was acting as my representative. Upon my release, she asked the nurse if she could recommend a home health care provider. She... View More

Griffin Klema
Griffin Klema
answered on Nov 30, 2018

Generally, there are limited options after judgment: (1) Move for a rehearing on the summary judgment. (2) Appeal an error made by the court during the proceedings. (3) Seek to modify the judgment, but there are only limited circumstanced in which the order can be modified. See. Rules 1.530 and... View More

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Florida on
Q: I received a citation for improper change of Lane pulling in front of other vehicles. The deputy copied an incorrect DL

Deputy had Insurance card and

copied my husband's driver's license number.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 25, 2018

And you want to know whether you can beat the ticket because of that? I don't think so.

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Domestic Violence and Juvenile Law for Florida on
Q: Can I move out at 17 with parental consent?

I plan on moving out of state to start a new life for myself, unfortunately my family cannot just up and leave their lives for mine so I figure I can do it myself. My mother is fine with my decision and conesents wholeheartedly. Can I move out at 17 with parental consent and without court... View More

Sasha  Dadan
Sasha Dadan
answered on Oct 18, 2018

You would need to file for emancipation.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What should I do if I plead guilty in a case because my attorney misinformed me and I was not aware of my rights?
Gary Kollin
Gary Kollin
answered on Sep 25, 2018

You would need to seek post conviction relief or 3.850 or if timely, a motion to withdraw your plea.

You need to retain counsel as soon as possible

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: My fiance has an arrest warrant for not going to court wile he was been transported to an ice detention center.

My question is. Can i do anything about it from here if he is in mexico??

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 31, 2018

First, this has nothing to do with appellate law; it's a matter of criminal law. If a public defender was appointed to represent him, you should let them know the situation and see what they can do for him.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What happens if my lawyer advises against filing an appeal but I want to proceed anyway?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 9, 2018

Nothing happens. The appeal doesn't get filed unless

a) your lawyer agrees to file the appeal against his or her better judgment (which may involve ethical problems if the lawyer feels an appeal isn't warranted);

b) you file it yourself; or

c) you find another...
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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: Sister w/brain tumor plead guilty to battery (often confused, no speech Is this even legal? See addendum below

+ a week after pleading her ex filed a 'motion to set aside' injunction, in it he admitted that he was up in her face for 2hrs screaming/begging/demanding her to "Hit me, B*tch".

In light of his recent admission and the fact that she doesn't even know the date half... View More

Gary Kollin
Gary Kollin
answered on Jul 21, 2018

In order to take a plea there is a verbal ok nquiry by the judge. If she can't speak it sounds doubtful that a plea could have been taken.

Essentially it sounds like she would need to seek to have her plea withdrawn.

If she wants it she needs an attorney who represents her.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: Convicted of scheme to defraud over $20k, less than $50k. Out on appel, just affirmed by court...now what? Plz help.

Convicted of scheme to defraud over $20k, less than $50k. Sentenced to 36 mo, went to prison for 1yr,filed appeal, sentenced reduced to 32 mo. Got appellate bond, out now. Received papers saying court affirmed sentence. Now what can i do to kerp fighting and stay out of prison. If i can get... View More

Gary Kollin
Gary Kollin
answered on Jun 30, 2018

You should contact your appellate lawyer who can explain everything to you

1 Answer | Asked in Appeals / Appellate Law and Probate for Florida on
Q: How long should a probate appeal take?
Gary Kollin
Gary Kollin
answered on Jun 28, 2018

You asked this same question on AVVO or here.

The answer is the same.

1 Answer | Asked in Appeals / Appellate Law and Probate for Florida on
Q: Case is perfected, will proceed without benefit of an answer brief means what?

Case is in appellate court

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2018

It basically means that the appellate court will decide the appeal without the opposing party needing to file a brief (written memorandum setting forth legal arguments).

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Case is perfected , will proceed without benefit of an answer brief means what?
Gary Kollin
Gary Kollin
answered on Jun 28, 2018

Do you have an attorney? If so, talk to your attorney.

If you do not, then you failed to file an answer brief in a timely fashion and the court will decide the appeal without the benefit of your input

2 Answers | Asked in Appeals / Appellate Law and Probate for Florida on
Q: How long does it take to get a decision on a probate case in Florida appellate court?

Me and my two sisters were found to be legal heirs of my grandmother's property that was fraudently obtained by the defendant's and they appealed the judges order.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2018

Have you received notice as to when the briefs are due? Has a hearing been scheduled?

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