Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I was involved in a 3M earplug lawsuit that the judge dismissed due to late submissions on our part, which affected many of us. We are looking to appeal the dismissal to seek justice. Could you advise on the steps we need to take for a successful appeal?
answered on Apr 1, 2025
There is only one step - retain an appellate attorney NOW. Appellate work is quite different than trial work and there is literally no room for error. Most attorneys do not handle appellate work for that very reason - it is much different than trial work and its a completely different skill set. An... View More 
I am looking for recent rulings in the Marcus Mays case by the Florida Supreme Court concerning the unconstitutionality of the PRR, which might make his sentence illegal. This is important to me because I am facing a similar situation.
answered on Mar 19, 2025
I looked at the Marcus Maye decision in the district court and listened to the recent oral argument before the Fla S Ct. The DCA opinion reviewed the denial of relief filed by a person whose case is from 2003. The DCA said PRR sentence was good. Fla S Ct oral arguments dealt with issues such as... View More
I am a conditional permanent resident, and I mistakenly submitted Form I-90 instead of the required Form I-751 for renewal. My application was denied, and USCIS informed me of the error on March 12, 2025. My conditional residency expired on September 14, 2023, and I submitted Form I-90 in May 2023.... View More
answered on Mar 18, 2025
Consider scheduling a consultation with a competent and experienced immigration attorney. If you are no longer with the spouse through whom you acquired your conditional permanent resident status or intend to file as a battered spouse, then USCIS will accept your untimely Form I-751 without you... View More
I am a conditional permanent resident, and I mistakenly submitted Form I-90 instead of the required Form I-751 for renewal. My application was denied, and USCIS informed me of the error on March 12, 2025. My conditional residency expired on September 14, 2023, and I submitted Form I-90 in May 2023.... View More
answered on Mar 18, 2025
If you do not file Form I-751, you will automatically lose your permanent resident status and may become removable from the United States. However, if you missed the filing deadline due to reasons beyond your control, you can submit your I-751 late along with a written explanation requesting that... View More
I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More
answered on Mar 10, 2025
It may, Florida Rule of Civil Procedure 1.530 allows for a new trial based on newly discovered evidence if it was discovered after the trial and could not have been discovered before the trial by the exercise of due diligence. However, you need to move quickly. The time limit for filing a motion... View More
I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More
answered on Mar 10, 2025
Your inquiry is a bit vague because you say that DESPITE the forgery, the court decision was against you, then say you have new evidence, not indicating whether that evidence is connected to proving the forgery, beyond the proof of the forgery you already presented. In any event, your first issue... View More
I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More
answered on Mar 10, 2025
To add to my prior answer to this inquiry, I just noticed that you put "white collar crime" as one of your inquiry categories, but I had assumed you were talking about a civil case, not criminal - and I see that another lawyer assumed that as well. Everything I stated in my prior answer... View More
I recently went through a custody battle with my ex-husband, where I was granted full physical and legal custody with a no-contact order. He's filed an appeal, and I've returned to court multiple times due to his contempt. My current issue is that my current husband's ex-wife keeps... View More
answered on Mar 2, 2025
You will need to call a lawyer to schedule a consultation, so that the court docket and documents may be reviewed. Your description is confusing regarding why your current husband's ex-wife would be a party to court proceedings (or is she?), and is so, for what type of proceeding and which... View More
I retained a lawyer on 2/12/2021 with a retainage package that included federal appeals. However, my case was remanded to the state, and my lawyer claimed they do not handle federal appeals, leading to a loss in the federal case. There was a lack of updates regarding state and malpractice cases... View More
answered on Feb 27, 2025
Your inquiry is about a complex situation that is not possible to be definitively answered in an online forum. It sounds like your case was in Federal Court, which remanded it to State Court for the case to proceed there. Such remands could be either for technical reasons that don't interfere... View More
I discovered a few months ago that an investigator fabricated audio recordings used against my son, who was sentenced to 18 years in West Palm Beach in 2015. These false evidence findings are now part of the public record. Despite hiring several lawyers over the years, it was only recently revealed... View More
answered on Feb 16, 2025
The usual method is a motion for post conviction relief under Rule 3.850. Normally, there is a time limit of 2 years from the date your son's case. That time limit does not apply when there is newly discovered evidence which could not have been discovered earlier through the exercise of due... View More
My friend took a 15 year prison plea deal believing that the police had a warrant to find the ''evidence'' in his phone. He never seen the warrant and now that he's in prison he decided to review his discovery. I been helping from out here. The warrant was not included in... View More
answered on Feb 7, 2025
Your friend needs to consider post conviction relief if the lack of a search warrant was a significant aspect of the case. Keep in mind that the case might have been prosecutable for other reasons, or the police may claim he consented to the search. To your question, maybe there's a search... View More
Can provide case information if you can help
answered on Jan 21, 2025
Your first attempt to see if you can receive pro bono legal assistance is to find and contact your local office providing legal services to indigents. It may be called either Legal Services or Legal Aid, depending on what's in your area. If no luck there, try the local bar association for... View More
My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More
answered on Nov 13, 2024
There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More
I have received court papers stating that. Can I stop making good faith payments?
answered on Jul 25, 2024
In a dismissal w/o prejudice, the attorney may file the case again, or the plaintiff could retain a new attorney. At worst, it's possible that discontinuing payments might violate your original obligations, or at best, could make you look bad before the court at a subsequent hearing if the... View More
I have received court papers stating that. Can I stop making good faith payments?
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answered on Jul 27, 2024
If your attorney did not show up, leading to a dismissal without prejudice, it means the case can be refiled in the future. You should consider the possibility that the opposing party might refile the case, which means your obligation might not be completely over.
Stopping good faith... View More
I have received court papers stating that. Can I stop making good faith payments?
answered on Jul 20, 2024
You don't HAVE to make payments at all. But since the dismissal was without prejudice, the plaintiff may, if it chooses, re-file the case and get a judgment. If so, it could attempt to collect by garnishment and by other means.
Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More
answered on Jun 27, 2024
Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.
Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,... View More
owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More
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answered on May 1, 2024
It's possible to challenge a civil judgment after it has been finalized, particularly if you never received the court documents. You might consider filing a motion to vacate the judgment if there were issues like improper service of process. It's important to act quickly, as courts often... View More
owner and business names in civil judgement- never received court documents until case decisioned. judgement given against owner and company together. Need help. does business chapter 11 bankruptcy negate this? can you sue both? is there any instance the owner or S corporation become judgement... View More
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answered on Apr 29, 2024
A bankruptcy filing does not negate a state court judgment although, if you do not have any non-exempt assets, it may discharge the debt. If you were never served with the lawsuit, you might be in a position to challenge the judgment in that court that issued the judgment. You should consult a... View More
My question is we had filed our taxes jointly although he was listed as sole proprietor. Now I became disabled in Sept 2020 and because of him being listed as sole proprietor I did not get the tax credits for those 9 years . We had an accountant that did it that way and now I was told they needed... View More
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answered on Apr 26, 2024
I'm sorry to hear about your situation. It seems like you have a complex tax issue that needs to be addressed. Here are a few steps you might consider taking:
1. Consult a tax professional: Given the complexity of your situation, it's best to seek advice from a qualified tax... View More
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