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 »
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 »
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.
What would normally happen once the appeal is denied will the judgment be enforced and have a set amount of time to be paid
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.
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.
Speeding ticket less than 25 mph over the limit
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.
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?
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.
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 »
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.
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.
In the state of Florida
You should unless the judge has changed bond conditions that make bond impossible
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?
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.
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 »
I need an affordable appeals lawyer .
Yes, and your attorney needs to file a motion for rehearing in the original (trial) court, ASAP.
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 »
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
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 »
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 »
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 »
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 »
The family will have to hire a lawyer to represent the PARENTS of the child now in DCF’s care.
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 »
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 »
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 »
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
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.
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 »
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.
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