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Florida Appeals / Appellate Law Questions & Answers
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

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: My brother was convicted of first degree murder in 2010, out of Osceola county Florida. His appeals were exhausted.

I received a call from a woman who says that his co-defendant confessed to the murder the day after it happened and now has been in contact with him and he wants to come forward. How should we do this properly?

Keith Upson
Keith Upson answered on Aug 4, 2020

Contact Florida postconviction attorneys who offer free initial consultations to find out what can be done at this point. Call around and find one you like.

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: If a Judge grants a Motion to Dismiss w/Prejudice against me & it goes against the weight of the evidence, can I appeal?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 26, 2020

A motion to dismiss concerns the pleadings (your complaint, in particular), which have to do with allegations, not evidence. Evidence, as such, would not have been introduced at this stage. So if you were to appeal the issues in the appeal would be whether the factual allegations in your... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: My son had an appeal and an appeal reads not final until disposition of timely filed motion for rehearing .

I need an affordable appeals lawyer .

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 30, 2020

Yes, and your attorney needs to file a motion for rehearing in the original (trial) court, ASAP.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: So if the burglary was inside the vehicle and the murder outside the vehicle a block away constitute felony murder
Stephen Arnold Black
Stephen Arnold Black answered on Jun 20, 2020

Any murder whether intentional or not that happens during the commission of a dangerous felony falls under the felony murder rule. All people who either conspired to commit the dangerous felony and/or actively participated in it can be prosecuted for felony murder. This is irrespective of whether... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I just received an order from the court saying i was untimely on my appeal for my 3.850 .The thing is, its still not 2yr

My notice was filed Oct 24 they actually pca my brief and the rehearing.. A week after i get the mandate i get this order art.1 sec.16(b) 10(b) is this why i was pca

Keith Upson
Keith Upson answered on May 26, 2020

From the question, it is impossible to answer: if you received an order from an appellate court saying the appeal of the denial of your Rule 3.850 motion was untimely, the notice of appeal likely wasn't filed within 30 days of the trial court order denying your Rule 3.850 motion. If, instead,... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: Victim sent a notorized statement that my husband did not commit the crime after 21 years. He has a life sentence.

My husband was charged with robbery with a weapon and sentenced to 15 years to life he currently has been incarcerated for 21 years the victim recently sent a notarized statement stating my husband was not the person who committed the crime ,he stated who the real person who committed the crime was... Read more »

Keith Upson
Keith Upson answered on Apr 27, 2020

This is, of course, a very difficult situation to be in, and it isn't a simple process. There are many many qualified licensed Florida attorneys who handle postconviction work for inmates and their families who will be happy to give you a free consultation - there is more information needed to... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Juvenile Law for Florida on
Q: If dcf has started and investigation and files a petition..

If dcf files a petition for an emergency removal and the statments they have obtained and are using as evidence in the petition can be proven untrue example, "if they say they have spoken to someone but they actually have never spoken to them" what can the parents do about the situation... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 26, 2020

The family will have to hire a lawyer to represent the PARENTS of the child now in DCF’s care.

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: How can we find out if there is any motions to a case? I want to file an appeal for a retrial
Jeffrey H. Garland
Jeffrey H. Garland answered on Apr 24, 2020

You might call up you trial level lawyer and ask what sort of issues might work on appeal. During this conversation ask about motion, evidentiary rulings and so forth. You could also go onto the clerk’s electronic docket and download copies of all interesting documents. Being so informed you... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for Florida on
Q: Which site is legitimate? I know there are many scammers. I need a lawyer so I can appeal a denied disability claim

I know legitimate places exist for this but I am seeing sites saying their lawyers will help me with this and they are only entitled to payment if we win the appeal but I'm skeptical. I do not exactly know what I'm talking about but that just doesn't sound like something a lawyer... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 30, 2020

You raise good points, but in the end, the only person who can ultimately make such an important decision is yourself. You will have to contact lawyers, and after speaking with them, decide for yourself who you prefer in terms of skill, experience, and your trust and confidence in them. Good luck... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Juvenile Law for Florida on
Q: My soon to be husband has been incarcerated for 12 years He was sentenced to 30 yrs imprisonment followed by 30 yrs pro

He's been in since the age of 17 for robbery. What can I do to try and get a reduced sentence? We are inclined to believe that sentence is excessive therefore violating the 8th amendment

Henry George Ferro
Henry George Ferro answered on Mar 4, 2020

You are not providing any factual information necessary to make determinations as to whether the punishment herein violates the 8th Amendment. You should seek a lawyer immediately and have this file thoroughly reviewed.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: I won a multi mill suit in TX.the def appealed. In Dec a law was passed capping the amount of award. Will this effect

It ws a jury trial and the TX supreme court is handling the appeal. I am trying to find out if my award over 4 mill will be lowered because of the cap placed on civil suits in December. I won my case lat February and the law wasnt passed until December, but is still under appeal the appeal... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 29, 2020

Ask you lawyers if the cap is retroactive. It pertains to Texas law, not that of Florida, so for Texas questions you should ask at Justia > Ask a Lawyer > Texas.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Florida on
Q: Fl. PCR..I am incarcerated & file ineffective council does the state require they provide attorney to review for errors?

Defense allowed Motion in Limine for co conspirator. Public def stated in court "I have not researched this case I am not ready for trial" 3 days trial began. I was DENIED hiring private council due to court imposed time constraints. Perjury by witness/victim. Burglary with mask. Battery... Read more »

Keith Upson
Keith Upson answered on Feb 25, 2020

What's the question? Whether you are entitled to the appointment of counsel in postconviction proceedings?

No. The Sixth Amendment right to counsel does not extend to postconviction proceedings. However, if a trial court sets your postconviction motion for hearing, the court will often...
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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How long can the Florida Appeals Court hold a case without a ruling after all filings have been completed?
Keith Upson
Keith Upson answered on Feb 14, 2020

A decision can take anywhere from a week to a very long time.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Collections for Florida on
Q: I got sentenced to 10 years on a trafficking charge in 2012, with that conviction was a $100,000 fine. When I went

to prison I filed an appeal. I won my appeal and my conviction was overturned. When I got home from prison I had to start paying on the fine, I've been paying $75 a month for the last 4 years. I know I shouldn't be paying the fine, how do I go about not paying anymore and getting my money... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 5, 2020

I think it depends on the appellate decision and what exactly was “overturned”. A lawyer would have to review your file and likely, if applicable, file a motion in court to address the issue. I hope this helps.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Probate for Florida on
Q: If me and my wife got into an altercation and she called the law and I was arrested for domestic battery can she bail

Can she legally bail me out of jail the next day

Jonathan Blecher
Jonathan Blecher answered on Dec 21, 2019

yes, but use a third party

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I must try & appeal a felony conviction. My career,livelihood depends on it. My previous P.A. was dishonest w/me.

1 felony charge= Loss of both medical certificates& licenses.

Loss of livelihood. Advice?

Keith Upson
Keith Upson answered on Oct 23, 2019

Reasonable people would research competent Florida criminal appellate attorneys and consult with as many as necessary until they found someone they wanted to hire, then hire them.

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