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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for Florida on
Q: Need an attorney familiar with the appeal process in Miami Florida

Hello,

I am looking to appeal my case that was just closed yesterday 8/15/2023. I filed pro se against my former employer for disability discrimination. My claim was dismissed for failure to state a claim with prejudice. I feel that I have all the evidence needed to prove discrimination... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 16, 2023

To search for an attorney who handles appeals in Miami, FL, you can try the Find a Lawyer tab at the top of this Justia page and input "appeal" in the subject field and "Miami, FL" in the location field, or you can contact the Florida Bar Lawyer Referral Service - see... View More

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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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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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

Jonathan Blecher
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answered on May 18, 2023

You need to contact a DUI program in Florida and request a transfer of DUI school supervision/treatment to your home state. The Florida school will advise you which school and treatment provider in your area will satisfy Florida's requirements, will communicate with the NV program, and will... View More

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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
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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2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: in florida what constitutes notice reasonably calculated in civil case... What statue?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

In Florida, notice reasonably calculated to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections is required in civil cases. This is typically satisfied by following the rules of service of process as outlined in the Florida Rules of... View More

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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 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, 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.

1 Answer | Asked in Criminal Law, Immigration Law and Appeals / Appellate Law for Florida on
Q: My husband is currently been detained for battery on a leo and did not want to take it to trail and changed his plea

From not guilty to guilty. They are trying to extradite him back to the Philippines. How do we fight thia case. We have 2 kids and he had been a residences of the United States for over 30 years

Jeremy Lasnetski
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Jeremy Lasnetski
answered on Jul 12, 2022

It sounds like your husband pled guilty to a criminal offense and is now, or is about to be, in removal (deportation) proceedings before an Immigration Court. Even if a person is deportable, there may be forms of relief available to help them stay in the United States. Like our firm, there are... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: can i bring in case documents/discovery/situation and discuss if I can appeal or withdrwarl my plea 23-04493cf

there is alot to discuss.

Keith Upson
Keith Upson
answered on Sep 21, 2023

Please reach out to Florida licensed attorneys who practice criminal appeals for a consultation, many offer them at no cost. There are simply too many variables in your statement, and after a defendant enters a plea, their appeal options are limited. Even more limited after they are sentenced.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: I was charged with par.for a pipe they scrapped the residue from inside there was only enough to test on test strip and

Charged me with poss.of cocain as well as the pipe charged me with a felony when should have only Been changed with one thing I want to appeal it

Keith Upson
Keith Upson
answered on Sep 7, 2023

Notices of appeal have to be filed with the trial court within 30 days of rendition of the judgment and sentence.

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 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.

1 Answer | 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

Insufficient information to provide a clear evaluation, probably Yes. Take it up with Gov. DeSantis, he is there to protect you.

1 Answer | 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.

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.

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