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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Divorce and Family Law for Florida on
Q: Can I file motion for holding Status Conference again, if I have missed it earlier ?

I missed my Status Conference in dissolution of marriage ( divorce ) case, as I was not given any Notice. What to do next ? I don't know what happened at that conference. Hence, I want to file motion for holding Status Conference again. Can I do that ? Which number of family law rule of... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Dec 28, 2015

You need to get a family attorney on your side to clean up this mess.

Q: If petitioner does not intend to stay permanently in Florida, can his divorce petition be dismissed ?

Petitioner doesn't intend to stay permanently in Florida. He completed 6 months residency and filed dissolution of marriage petition. He purchased a house in another state, during divorce proceedings. Petitioner does not have a Florida driver's license or Florida voter card or Florida tax... View More

John Arthur Smitten
John Arthur Smitten
answered on Dec 26, 2015

You can just file a voluntary dismissal if you were the one who filed the case. If the other side filed a case than you cannot dismiss.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: In the Circuit Court of Appeal the Appellee(Plaintiff) has failed to file its Answer Brief in the reqd. 20 days in terms

of Fl. R.A.P., Rule 9.210(f). During the Appeal period, the Judge in the SCC disqualified herself on the Defendant's Motion to Recuse, and an Order for Reassignment was dated 4 days later.

Does this 4 day period in the SCC toll time in the Appeal Court, and if not or otherwise, what... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 19, 2015

Was there a motion to extend the 20 days and an order?

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Florida on
Q: I was charged with dv i was assaulted i went to jail

Had a public pretender that told me to keep mouth shut and i would get no jail time got a pbj

But was not advised of consequences of plea now because of lautenberg i can never own firearms and cant appeal or expunge i got screwed what can i do to help me and other men who are not... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 25, 2015

Speak to an attorney in MD about this. How to help others? Learn to use proper punctuation, for one. Band together and change the law.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: I started making monthly payments to my attorney 3 months ago and he has not even started on my case. What should I do?

He asked for $5,000 with the promise in writing (on the agreement ) that will start after he receives $500. The currently has be paid $2,500

Robert Jason De Groot
Robert Jason De Groot
answered on Jun 27, 2015

Go speak with the attorney about this.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: how long does it usually take for an answer after the decision is with the decision writer

I went through the appeals procedures and went all the way to the ALJ and am waiting for my answer from the decision writer. I've been told that the judge made his decision and I am wondering how long it takes

Robert Jason De Groot
Robert Jason De Groot
answered on Dec 16, 2014

In the state appellate court or in a federal disability claim? I hope you have the decision by now.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: how to find my appeal decision

filled on 2 march 2007 fl southern district court

Robert Jason De Groot
Robert Jason De Groot
answered on Dec 16, 2014

Go to the law library in the county courthouse and see if you can locate it there and get copies. You probably have to pay for copies or you might be able to print it from a cd that you can put it on but have to buy.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: I lost one of the appeals on our home and the judge awarded the attorney a judgment against me.

Shortly after I lost our home. My mother has a homestead property. She is 91 years old. My brother and I are both on the deed with her. I am being told that the attorney is entitled to my portion of the proceeds. The proceeds are to be used to take care of her. How can I work around this so... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2014

There are not enough facts given for me to form any sort of opinion. You need to go speak with an attorney, so that the attorney can ask you questions and get answers..

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How long does the state have to respond to 3.850?

Friend convicted and sentenced 4/2010. Direct appeal filed and affirmed 12/2011. 3.850 filed 9/2012 and case reopened, but nothing has happened since then. A pro se motion to rule was filed 3/2014, with no response as of yet.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2014

You need to get an attorney for your friend. Just reviewing will take quite a bit of time.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If the appeals court say something in its ruling that is not in the trial transcript what can the appellee do?

Appellee lost appeal but the ruling states "insurance policies were allegedly lost in Hurricane". This was not brought up at trial. Does this give appellee any grounds for filing some kind of motion or appeal to another court?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2014

More facts need to be known to answer this question. Basically, no.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: A FRIEND OF MINE APPEAL WAS DENIED, BUT THERE IS A INDIVIDUAL WHO WANTS TO RECANT HIS TESTAMONY, WHAT SHOULD WE DO?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2014

A conviction based upon testimony that has been recanted, should warrant a new trial, but it rarely does. What your friend needs to do is go see his attorney.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: I have been served with a complain of ejectment, from a house I have shared w/ my mother for 23 years. How do I appeal?

We have shared this house for 23 years of our adult lift (I am in my 50's, she in her 70's). I was originally on the mortgage, but the deed to the house is in my mothers name as she paid off the house through her inheritence, so it is in a trust. We had a verbal agreement that we would... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2014

You should go see an attorney.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Florida law pro se trial case dismiss with prejudice appealed remand Back to trial court to submit findings to why this

This is a small claims case trial judge findings failure to state cause of of action a statement of claims gives access to small claims can I appeal.

.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2014

I do not know enough facts to form an opinion. The question is worded oddly. Which side are you on?

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How long do you have to file a writ of certiorari in the florida supreme court
Robert Jason De Groot
Robert Jason De Groot
answered on Dec 16, 2014

More facts are needed to answer your question.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: In FL 10th judicial appeal,18 months after the briefs were provided, there is no mention of it anywhere. Can I find it?

I asked my court appointed appellate counsel about the status of my appeal. It has been 18 months since the appellant and appellate briefs were provided. In those 18 months there has been no mention of it, anywhere. I was told that nothing will be published until the affirming/reversing is... View More

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

Dear ?,

Your court appointed counsel is the best person to answer this question. If he/she cannot or will not then you should contact the Clerk of the appellate court. In general, most states have an electronic appellate docket these days, but sometimes access to it is restricted.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Why does SCOTUS hear appeals directly from state supreme courts?

Usually, when someone wants to pursue a claim under federal law, they have to begin in a U.S. district court, correct? But when someone has exhausted remedies under state law and now wishes to make an argument from federal law, they're permitted to appeal directly to SCOTUS. Why don't... View More

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

The decisions over the scope of the jurisdiction of the U.S. Supreme Court are made by Congress in the U.S. Code. The Constitution gives Congress the power to make thee decisions. See Article III, section 2, ¶2: "the supreme Court shall have appellate Jurisdiction, both as to Law and Fact,... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: I have three immigration denials. To appeal do I need to go back into custody?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2014

You need to hire an immigration attorney.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How long does a federal case appeal take to get approved
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

There is no real time limit for the Circuit Court to decide. After the briefing is finished it can take many, many months.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What is the approximate time for a decision after an opening brief is filed in Appeals court?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

There is no "approximate" time. After the opening brief is filed, the opposing party has time to file its brief, then the appellant gets time to answer that brief. After the briefing is done, it will take several months for a decision.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Is it legal for my health issues to be displayed on google for a S.S. case?

Well it has my name versus the state I live in and violates all my Hippa rights to keep my mental health and physical health confidential between my lawyers and my healthcare providers. What type lawyer do I need to handle this? I am ashamed at what comes up when my name is googled. I cant find a... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 27, 2014

You filed a case, right? So you submitted certain things and they became public knowledge because you filed the case, right?

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