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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Florida on
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

James L. Arrasmith
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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

1 Answer | Asked in Appeals / Appellate Law and Immigration Law for Florida on
Q: After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision? I-140 case.

After appeal, my case was remanded from AAO back to USCIS. How long does USCIS take to issue a new decision. I-140 case.

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Florida on
Q: Does Childtime sharing start before paperwork is signed by a judge?

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

Rand Scott Lieber
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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

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
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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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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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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 Family Law, Federal Crimes, Appeals / Appellate Law and Civil Rights for Florida on
Q: I need to know what I can do to get my child back from CPS because they stole her

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

James L. Arrasmith
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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

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How do I appeal a lease termination
Tim Akpinar
Tim Akpinar
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 Answer | Asked in Consumer Law and Appeals / Appellate Law for Florida on
Q: Can someone further elaborate on the provisions disclosed in Rule 1.540 as follows:

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

T. Augustus Claus
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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.

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law, Banking and Civil Rights for Florida on
Q: What is the limitations on dss in North Carolina to get paid back on something I didn't do I was locked up??

Boyfriend at the time stole my purse and sold food stamps to 4 different people on the same day same store they have punished me for 3 years where I couldn't get food stamps at all no place on the country i went hungry alot was homeless alot too I moved to Florida to get away from those people... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

I don't know what "dss" means, but in any case, a question on a NC limitations period must be asked of a NC attorney. Since your inquiry is indicated to be from Sebring, Fla., mostly Fla. attorneys (like me) will see your post. Also, legal advice on the filing deadline specific to... 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.

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