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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Identity Theft and Social Security for Florida on
Q: Due to a mistake not of my making my DOB is inaccurate by 1 year. I am a 15yr US Navy Vet. Conflicting DOB exists.

I currently hold no valid ID for the State of Florida because of this discrepancy. I am 63yrs old and just diagnosed with prostate cancer, scheduled for surgery on 12 Oct.

Tim Akpinar
Tim Akpinar answered on Oct 16, 2021

This is not my area of practice, but your question remains open for two weeks and it frustrates me that a veteran might have their benefits held up due to administrative discrepancies in personal information. Here is an address link to a page in the SSA website -... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Collections for Florida on
Q: How do I know if I’m being charged with unemployment fraud
Michael  Mayoral
Michael Mayoral answered on Oct 4, 2021

It is close to impossible to find out if you are going to be charged with unemployment fraud, or any crime, until it happens. Typically, a law enforcement officer making contact with you to question you is a sign that you might be being investigated for a crime. An arrest generally means a law... Read more »

1 Answer | Asked in Appeals / Appellate Law and Federal Crimes for Florida on
Q: I filed a 2255 petition while in prison that was denied.COA also denied. I appealed the denial of a COA and released

From prison shortly after. I notified both the eleventh circuit and the US Attorney of my release address. A month later the US Attorney mailed me a certificate of interested person's with an appellate case number (18-13559-E). I have since heard nothing from the courts or US Attorney. It has... Read more »

Charles William Michaels
Charles William Michaels answered on Aug 30, 2021

Call the Clerk of Court in the court of your case. Most information like this is publicly available, so the Clerk of Court can answer any questions about the status of your case. Be sure you have the case number, if that's available to you.

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: can a judge and the state deny me mention of a mental condition directly related to the instant offence?

State objected to my counsel's use of my Vietnam service and Federally and State certified 100% total and permanent disability for PTSD. My mental condition had everything to do with my leaving the scene. My question is can they deny me a defense? I was found guilty at trial.

Henry George Ferro
Henry George Ferro answered on Jul 16, 2021

This would be an issue for the appellate courts ….remember you generally have thirty days to appeal your case and your appellate lawyers should know what to do.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: ,is it double jepordy to have probable cause found after compliant,and advisory,

, then be released on your on R.O.R then compliant an advisory again on the same charge with probable cause found again with no amendment of the felony information.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 15, 2021

No, it doesn't appear that the information was ruled upon, so jeopardy never attached.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: ask HOW can I obtain my jury instructions ? and WHAT does "Dummy Information provided to the jury mean
Michael  Mayoral
Michael Mayoral answered on Jul 14, 2021

If your case already went to trial, the jury instructions that were provided to the jury would be in the clerk's court file for the case. You can get copies of that from the clerk of courts in the jurisdiction where the trial occurred. Otherwise, the Florida Supreme Court provides a copy of... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: WHO do I send the Motion for Rehearing to? Circuit Court? In florida
Henry George Ferro
Henry George Ferro answered on Jul 12, 2021

Rehearing are filed with the clerk of the court in which the decision was made…copies should be provided to opposing counsel and the court.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: after a 3.600 is denied, HOW much time is there to file A. Motion for Rehearing
Henry George Ferro
Henry George Ferro answered on Jul 12, 2021

If you have already had your motion for new trial has been denied, you have thirty days to file an appeal (from the denial of your 3.600 motion).

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: What circumstance is statute 943.0435.13a given in the state of Fl for sex offenders and could charges be dismissed ?"

What are the based evidence the state of Florida needs to prove guilt and what are the minimum to maximum required sentence or consequences for the offender if they're found guilty or plead no contest/ not guilty? One last question.. Would it be possible to get any files,documents, public... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2021

The statute speaks for itself:

"... (13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking...
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2 Answers | Asked in Divorce, Family Law, Appeals / Appellate Law and Domestic Violence for Florida on
Q: will the magistrate/judge ensure i get some form of alimony and my belongings (8 yrs married with dv no child) ?

we live in Florida . he moved and wouldn't tell me where , he wont tell me where my belongings are , unbeknownst to me we were evicted. he makes 150k annually. i had an injunction against him b4 that expired 1 month b4 we decided to try to fix our marriage again. he is the breadwinner and... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Mar 10, 2021

Alimony in Florida is based on need and ability to pay. You have to need it and he has to be able to afford it. The General Magistrate can certainly order alimony if the matter being heard by the Magistrate is related to support. You need to make sure there's a motion or a petition requesting... Read more »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: how to recover a remedy that wasn't sent from the supreme court?
Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 6, 2021

If I understand what you are asking, an appellate court (perhaps SCOTUS or the Florida Supreme Court) reversed a case and remanded to the trial court, ordering that certain remedies were viable. However, I'm guessing, the appellate court failed to mention another possible remedy. Perhaps you... Read more »

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Would anyone do a pro Bono for child support case appeals ? I’m in Palm Bay Florida
Tim Akpinar
Tim Akpinar answered on Mar 1, 2021

A Florida attorney could advise best, but your post remains open for two weeks. It could be difficult for someone to offer their legal services here - the format is more Q & A than lawyer referral service. Here's a link to a page on this site with Florida Family Legal Aid & Pro Bono... Read more »

1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Contracts for Florida on
Q: Can a denied motion have a second hearing without a motion for re-hearing after appeal?

Hi, I won an appeal on a default judgement case for my motion to set aside the default judgement, which was denied in the lower court. The appellate court remanded the case to the lower court for an evidentiary hearing. Recently the plaintiff has scheduled a hearing on my original motion to set... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 1, 2021

If it was remanded for an evidentiary hearing, it appears that the plaintiff properly scheduled a hearing. Be prepared at the hearing to offer evidence, as the appellate court ruled.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If I have a lawsuit go to trial win a judgment that gets appealed and after the 2dca releases an opinion and deny appeal

What would normally happen once the appeal is denied will the judgment be enforced and have a set amount of time to be paid

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 17, 2020

If it's a judgment for specified damages (as opposed to other relief), the judgment creditor's job is to try to collect it. That would normally be done by getting a writ of garnishment and going after your non-exempt property. If you have no such property, they may not be able to collect.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: if someone needs to appeal by march of next year, are courts giving an extension on this or are courts closed
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 15, 2020

What makes you think you have until March to file an appeal? The time in which to file an appeal is normally much shorter than that. In any event, no, the courts are not closed; you should be able to file your appeal online.

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: In the state of Alabama do you have the right to appeal a traffic citation

Speeding ticket less than 25 mph over the limit

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 20, 2020

What does this have to do with Florida law? Ask it in Justia > Ask a Lawyer > Alabama, and be sure to give more information; whether you were adjudicated guilty, for example.

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1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for Florida on
Q: Am I able to obtain a repossessed car that I use 100% of the time even though I am not on the title?

My father is the one who bought the car, he is now in Venezuela. I am living here in the US. We have the money that is due, however because I am not on the title or contract they will not allow me to pick up the car. My father has no way of being here to pick up the car himself. Is it a lost cause?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Oct 8, 2020

Speak to the party holding the car about obtaining an affidavit from your father that gives you authority to retrieve the car for him. You can do this without consulate. Use instead a remote Virginia online Notary.

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: PRO SE APPEALS: Can I use certified Court Transcripts from a related case in my present appeal?

PRO SE APPEAL: BASIC QUESTION:

(1.) I am filing an appeal for "Case "A". Can I use certified transcripts (relevant testimony) from a related case ("Case "B"") even though I'm not appealing from what happened in "Case B"'s hearing?... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 26, 2020

In general, no. The evidence (the transcript) in Case B was not before the court in Case A. The judge perhaps could have been asked to take judicial notice of the Case B evidence, but presumably was not so asked.

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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If chrisshawn was able to get appeal motion approved what would happen next
Charles William Michaels
Charles William Michaels answered on Sep 16, 2020

Your question doesn't give enough information to formulate an answer. What motion? What was the relief/ request in the motion? Regretfully, I don't have an answer for you.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Florida on
Q: "Can you post bail again if charge was added pertaining to the same case"

In the state of Florida

Henry George Ferro
Henry George Ferro answered on Aug 13, 2020

You should unless the judge has changed bond conditions that make bond impossible

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