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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Can i be convicted for being in a house full of drugs?
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 23, 2013

Sure, but then you might have some valid defenses, and there is not a crime called this, it is usually possession, and can even be constructive possession, but there usually are defenses if you for instance did not know that the drugs were there. One important thing to remember is not to speak with... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Iam in florida and need a lawyer for a mandamus case
Robert Jason De Groot
Robert Jason De Groot
answered on Feb 15, 2013

Then start calling appellate attorneys and getting estimates. Mandamus is not easy, indeed, no appeals are easy. The relief afforded by appellate courts is sometimes very curtailed.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Florida law. My brother received a 60 year criminal sentence in 1989 due to poor representation and possible coercion...

Is it too late to withdraw his plea and file on the lack of representation? Thank you.

Robert Jason De Groot
Robert Jason De Groot
answered on Feb 15, 2013

It is way too late to withdraw his plea, the type of motion is called a 3.850 for ineffective assistance of counsel. You will have to contact an attorney and actually hire one to look into what might be possible for your brother. The gain time was different in 1989, with many prisoners only doing a... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If one drops appeal,is one able go for ineffective counsel then go back for appellate appeal?
Robert Jason De Groot
Robert Jason De Groot
answered on Jan 30, 2013

Perhaps. More facts are needed to answer this question.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If i feel i was forced to take a plea by intimidation can I appeal,also I feel that I had ineffective counsel.
Robert Jason De Groot
Robert Jason De Groot
answered on Jan 30, 2013

What you might want to do is hire another attorney to make a motion to withdraw the plea.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: When there is a direct appeal. how does oral argument come into play?
Robert Jason De Groot
Robert Jason De Groot
answered on Jan 30, 2013

Oral argument can be requested.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What is the proper method to request reinstatement of Appeal dismissed for failure to pay fees? Now have the Aff.of Indg
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 15, 2012

Probably by motion. Check the appellate rules.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Where can i find a decent attorny willing to do pro bono appeallate work for my gf who is incarcerated at lowell c.i
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 25, 2012

The public defender is the pro bono attorney. Their appellate divisions are great. You will not find a private one to do appellate work for free. What are the issues? She had 30 days to file a notice of appeal. Do you have a complete transcript of the trial or hearing? There are many matters that... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Does my ex have 10 days to appeal after a child support hearing and request fir me to pay something more?

She is now also wanting past medical bills paid.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 24, 2012

The time to appeal is within 30 days. The time to make objections to a ruling of a general master or magistrate is 10 days. The time to make a motion to amend is 10 days. Get an attorney if you do not have one already.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What is the term used by the appeal court, "target case" means?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2012

One would have to read the decision from the appellate court in order to know the context and answer this question. Give us a citation, and we will be glad to tell you what might have been meant. Just the phrase, in this case, is simply not enough.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How long does it usually take for the Dept of Justice to approve a case for filing in Middle District Court

I won an OSHA appeal and the attorney for the solicitors office told me in May 2012 that it would probably be filed by July 4, 2012 after the Department of Justice gave the final approval. I have not heard anything.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 11, 2012

Well then contact that attorney and ask when the case will be filed.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What are the chances of appealing this FWA case against that was granted 'Summary Judgment?'

Case Number: 8:2010cv02003. I need a Florida attorney or a law student to help me go Pro Se on filing an appeal.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 31, 2012

There is no way an attorney can tell you what the chances are without knowing all of the facts.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What are steps are required for an appeal with the Eleventh District of Florida court?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 16, 2012

In order to appeal a decision, you must file a notice of appeal with the lower court within 30 days. Many things are required, like designating the record, etc. Then you would need to prepare a brief to submit to the appellate court. When the opponent files a brief, you have 20 days to file another... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Need explanation

Q: The US Court of Appeals reverse Stillman on procdeural grds but the trial court's determ re:the ambigui intact means wha

Asked from Fort Pierce, FL, USA 0 seconds ago

Stillman V Charter Oak Fire Ins co No. 1949-CV Highsmith (SD, Fla. 1993) The US court of appeals for the 11th... View More

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

You are asking for an opinion which would take hours to develop. This is not a simple question that can be answered without research. Interpretation of cases is research. You need to give the citations for the cases or copies of the cases in order for an attorney to answer. I would be glad to give... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: My brothers lawyer was suspended during his trial and still represented him and lost,can i appeal for inadequate counsel
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 26, 2012

Unless there was some error committed by the trial court, and there is a transcript of the trial, an appeal may be unwarranted. It would take reviewing the final judgment and transcript to see if there are any reversible errors worth appealing.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How do I file notice of appeal in Hernando county, FL
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 26, 2012

Jurisdiction of the court under this rule shall be invoked by filing an original and 1 copy of a notice, accompanied by any filing fees prescribed by law, with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed.

This is the appellate rule regarding the...
View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Does the FL appeal court put the lower court (stay) of all proceedings pertaining to F J of repeat violence injunct

I want to appeal the FJ of repeat violence injunction..(stalking) Petitioner used all evidence to get injunction from my blog (internet only)

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

No. The injunction would remain in effect until the appellate court reversed it.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If post conviction motion on evidentiary clear doesn't work can that be appealed and how long will appeal take
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 26, 2012

This is a confusing question that cannot be answered. Facts are necessary like the grounds for the motion. A copy of the motion itself would be best, as well as a copy of the ruling.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: I got a final judgment in foreclosure. I had affirmative defenses. It's been 7 months can I still appeal?
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 26, 2012

You would have had to appeal within 30 days of the final judgment.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Generaly speaking how much money is an appeal for a drug case?
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 26, 2012

That depends upon the experience of the attorney. The filing fee is 250, court costs can be in the thousands, and a reasonable attorney's fee ranges from 2500 and up depending upon the complexity of the case.

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