Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I have received court papers stating that. Can I stop making good faith payments?
answered on Jul 20, 2024
You don't HAVE to make payments at all. But since the dismissal was without prejudice, the plaintiff may, if it chooses, re-file the case and get a judgment. If so, it could attempt to collect by garnishment and by other means.
Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More 
answered on Jun 27, 2024
Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.
Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,... View More
owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More
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answered on Apr 29, 2024
A bankruptcy filing does not negate a state court judgment although, if you do not have any non-exempt assets, it may discharge the debt. If you were never served with the lawsuit, you might be in a position to challenge the judgment in that court that issued the judgment. You should consult a... View More
owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More
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answered on May 1, 2024
It's possible to challenge a civil judgment after it has been finalized, particularly if you never received the court documents. You might consider filing a motion to vacate the judgment if there were issues like improper service of process. It's important to act quickly, as courts often... View More
My question is we had filed our taxes jointly although he was listed as sole proprietor. Now I became disabled in Sept 2020 and because of him being listed as sole proprietor I did not get the tax credits for those 9 years . We had an accountant that did it that way and now I was told they needed... View More
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answered on Apr 26, 2024
I'm sorry to hear about your situation. It seems like you have a complex tax issue that needs to be addressed. Here are a few steps you might consider taking:
1. Consult a tax professional: Given the complexity of your situation, it's best to seek advice from a qualified tax... View More
Okay I can't seem to find the question that I asked last time or the lawyer that answered it but 10 years ago CPS decided to take my kids and they gave me my two older ones back and they kept my baby who at the time was 2 and they stomped on so many of our constitutional rights but I... View More
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answered on Feb 24, 2024
It sounds like you're facing a deeply distressing situation involving CPS and the termination of your parental rights. It's understandable that you're seeking help to reunite with your child and seek justice for what you perceive as injustices committed against you and your family.... View More
After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.
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answered on Jan 11, 2024
The time it takes for USCIS to issue a new decision on an I-140 case after it has been remanded from the Administrative Appeals Office (AAO) can vary significantly and is often unpredictable. There is no set timeline for USCIS to act on remanded cases, and the processing time can depend on several... View More
After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.
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answered on Oct 22, 2023
After a case is remanded from the AAO to the USCIS, the timeframe for USCIS to issue a new decision can vary. Factors affecting this timeframe include the complexity of the case, the volume of cases the USCIS office is handling, and any additional evidence or clarifications needed. For an I-140... View More
As a father I was awarded 100% custody of our two young children through a domestic violence injunction order. Mother responded with a petition for paternity. I wasn't able to afford legal representation for trial on September 29th and somewhat poorly represented myself and the interest of our... View More
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answered on Oct 19, 2023
Technically, you should follow whatever the judge orders, even if it is verbal. The written order should match what was said verbally. If you have an issue with what you should do then you must return to court to ask for clarification. If you have concerns about the children missing school when... View More
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
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
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
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
I filed a writ of prohibition in regards to the question above
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... View More
I have completed mental health program in nv can fl accept it as I did a substance abuse treatment
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
I have completed mental health program in nv can fl accept it as I did a substance abuse treatment
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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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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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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
It to the hearing. Plaintiff won by default. I never got my day in court. Can I request that?
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... View More
answered on Apr 12, 2024
A victim wouldn't have standing to appeal the results of a criminal case. Also, the time to appeal has no doubt passed. Finally, you should have asked this in the Virginia sub-forum.
answered on Dec 2, 2023
A Florida attorney could advise best, but your question remains open for three weeks. You could check with a landlord tenant attorney or repost your question under that category. You posted under Appeals/Appellate, which makes sense, but Landlord-Tenant could be closer to your matter. Good luck
1)What actually constitutes as 'excusable neglect?' 2)What would be an instance where newly discovered evidence would accepted by the court? 3) What is typically defined as 'misconduct' under such provisions
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answered on Oct 3, 2023
'Excusable neglect' is generally understood as a failure to timely perform a required act due to circumstances beyond the person's control. For instance, it could be caused by unforeseen personal emergencies or even miscommunications with counsel.
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