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Florida Appeals / Appellate Law Questions & Answers
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...
Read more »

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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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: I must appeal my criminal case. My sentencing judge repeated 4x's "Ma'am, you can appeal this." Whats my first step?

Only three days left to enter my appeal. Please Help. Any info is greatly appreciated.

Keith Upson
Keith Upson answered on Oct 23, 2019

Google "Florida criminal appellate attorney free consultation" and then start calling.

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3 Answers | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I must appeal my criminal case ASAP. Whats my very first step, pre-attorney?
Keith Upson
Keith Upson answered on Oct 23, 2019

Google. There are literally dozens of qualified criminal appellate attorneys in Florida you would be happy to give you a free initial consultation. Google them, and call around.

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2 Answers | Asked in Appeals / Appellate Law and Immigration Law for Florida on
Q: I applied for the 240 a but it has been denied. on October 13 I wantd to know if I appeal is there any chance I win.

I was detained in 2014but was let go cause of a I 220 A. I do not have no felonys. I have done all they told me too. But for some reason my 240 A (b) was denied. I had 30 days to leave voluntarly and pay a fee of $500 if I appeal is there any chance I could stay. I have 2 kids of age 18 & 19.... Read more »

Gary Kollin
Gary Kollin answered on Oct 21, 2019

You need to consult directly and privately with an immigration lawyer

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2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: When filing a appeal to the Supreme Court of Florida where does the Notice of Appeal get filed?

Does the notice of appeal get sent to the Lower Tribnual's Clerk, like when filing the appeal with the DCA. Or since the Appeal is of the DCA's decission is it filled with the DCA's clerk.

Gary Kollin
Gary Kollin answered on Oct 7, 2019

It is not an appeal. It is a petition for writ of certiorari.

Please read the rules of procedure as you are handling this case on your own and you feel confident to do so, you will need to be familiar with them. This cite is not designed as a tutorial.

Also many issues can be...
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Q: Our Georgia attorney lost our probate caveat due to his inability to do what we asked! Then dropped my wife from

The contract which was contingent on winning and if it went to appeal he would be there for her?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2019

Is there a question in here somewhere?

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: (FL) Can a plea still be valid/stand if it was rejected at the time it was offered, but the facts provided were wrong?

A plea was offered 7 months ago of 29 years with no minimum mandatory. When the plea was being offered in court, it was stated on the record that the minimum, per sentencing guidelines, that could be imposed was 27.27 years with minimum mandatory if trial was lost. Recently, it was discovered that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 8, 2019

I believe it's too late to appeal unless you first move to set aside the conviction. I suggest you get an attorney to file the motion and an appeal if the motion is denied.

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