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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Florida on
Q: In Fla.'s 14th judicial circuit court , is accepting a plea deal - waiving all rights to appeal- irreversible?

I pose this question w/ no pretense @ all- just need %100 clarity as it seems even when it appears matters are written, notarised etc. there usually seems to be some legal loophole or recourse despite being' final'..

Keith Upson
Keith Upson
answered on May 27, 2023

Unless there is a legal dispositive issue that has been expressly reserved,

Yes.

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Florida on
Q: Can Florida file for extension of time 2/23/23 if judge orders 30days to show cause 12/20/22
Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Insufficient information to provide a clear evaluation, probably Yes. Take it up with Gov. DeSantis, he is there to protect you.

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Florida on
Q: Can Florida file for extension of time 2/23/23 if judge orders 30days to show cause 12/20/22
Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Yes. Take it up with Gov. DeSantis, he is there to protect you.

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Florida on
Q: Can the state of Florida file motion for extension of time on 02/20/23 if the judge orders the state 30 days from

12/20/22 to show cause

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Yes. Take it up with Gov. DeSantis, he is there to protect you.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: I have a warrant for vop. I want to kno can I appeal the original charge still I paid for the rental car and bank s

Statement to prove I paid and the judge wanted a contract and I couldn't provide one bcoz I kept extending the rental. The company said it was stolen l. Can a lawyer get this warrant recalled

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 6, 2023

If you are charged with violation of probation, apparently you were convicted of the original charge. It's probably too late to appeal the conviction, so no. Get an attorney.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Florida on
Q: Am i able to start a case if a defendant was falsely convicted and their due process right was violated?

There was a warrant to search a house. In trial it wasn’t used but was brought up that there was a warrant for a murder suspect. The original warrant reason was sales of mdma and marijuana. There was no sales charge given nor any audio or video of the sales being recorded. Also there was... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 18, 2023

Are you asking about a Legal Malpractice case? If so, many states have particular requirements for a legal malpractice case arising out of a criminal case. This might include the requirement of a finding of exoneration. Consult with experienced legal malpractice cases in your state.

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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Can you explain to me the fl court of appeals the pro ess and how long it takes

It's already been approved

Keith Upson
Keith Upson
answered on Feb 27, 2023

This resource should answer most of your questions:

http://prose.flabarappellate.org

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Florida on
Q: How long does an employer have to file an appeal for a employee claim that was approved in the state of Florida?

I am talking about a unemployment claim

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 3, 2022

Not more than 15 days, so get off the Internet and find a lawyer to help you file the appeal.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If I receive a paper from the courthouse saying my appeal was discharged what does that mean after the initial brief???

I don't even have an attorney on this case yet I've been having to do everything myself and I'm scared I don't know what I'm doing it's for my rights for my kids.

Keith Upson
Keith Upson
answered on Aug 11, 2022

Is the case in Florida? It is really difficult to answer based on how the question is presented, but would be easy to answer if someone who knows what they are doing looks at the docket. There are many Florida appellate attorneys who will give you a free consultation if you simply google... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: I went to trial for a case and got two hung jury’s during the trial in the process of trial the jury asked for

A lesser charge because the victims statement changed drastically and added more then what was originally said in the confession the judge responded no the outcome was another hung jury after that question I went home and was mailed another hearing letter to start the case completely over I hired... View More

Keith Upson
Keith Upson
answered on Jul 25, 2022

There are many competent criminal appellate and post-conviction attorneys in Florida who will give you a free consultation if you reach out and ask.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Florida on
Q: How does corpus delicti apply in a criminal case if the alleged defendant was unaware of the rule.

There was evidence that existed of an audio confession but no other evidence existed to support crime was committed.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2022

In short, it doesn't. Assuming that the defendant didn't have an attorney, if the defendant failed to raise the objection it has been waived. The judge may have thought that there was sufficient evidence that a crime had been committed.

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: Can I appeal a case after the jury decided he was not guilty

The case was at palm beach county and the assistant to the state attorney failed to show the jury extremely important evidence

Keith Upson
Keith Upson
answered on Jul 18, 2022

No.

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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Appeal dismissed case, argue a/g mootness on violations of civil/constitutional rights.

I accused of stalking after argument with woman at a Target store in Bradenton, Florida. “Stalking” here was printed materials & items posted online w/pictures from woman’s public Facebook page. I never contacted or attempted to contact this person. No physical evidence tying me this.... View More

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jul 18, 2022

If the case was dismissed, in your favor, there is essentially nothing to appeal. Let it go.

1 Answer | Asked in Criminal Law, Immigration Law and Appeals / Appellate Law for Florida on
Q: My husband is currently been detained for battery on a leo and did not want to take it to trail and changed his plea

From not guilty to guilty. They are trying to extradite him back to the Philippines. How do we fight thia case. We have 2 kids and he had been a residences of the United States for over 30 years

Jeremy Lasnetski
PREMIUM
Jeremy Lasnetski
answered on Jul 12, 2022

It sounds like your husband pled guilty to a criminal offense and is now, or is about to be, in removal (deportation) proceedings before an Immigration Court. Even if a person is deportable, there may be forms of relief available to help them stay in the United States. Like our firm, there are... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Litigation for Florida on
Q: How can I fight a final order of divorce after it's not appealable and order to vacate was denied

I have a final order for dissolution of marriage because of a default judgement. I was never served and motioned the court to vacate and it was denied. Best part that I was never married with the person because it is a void marriage. She was still married when we got married. Motioned the court to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 7, 2022

Your question answers itself: you didn't appeal in a timely manner.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: How can I appeal in Small claim for someone other than the judge to judge

He would not hear me shutting me down when I speak, won't listen to my proof in evidence and disregards my accusations against the plaintiff

Were i am stating laws that plaintiffs has broken and the iied that she has and is inflicting,he goes yelling that there isn't nothing that... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 19, 2022

It appears that your main problem is that you are talking out-of-turn. The order of speaking is often over-looked by many pro-se litigants.

The plaintiff is supposed to speak and call witnesses first. The defendant should not interrupt or attempt to present his/her side of the story...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Florida on
Q: Did my lawyer have conflict of interest against my x who stated in court that they have been good friends last 10 yrs?

We went to court twice. My lawyer called my x into the hall to talk before he even acknowledged me both times. Permanent DVI hearing, my lawyer has nothing of mine to present to the judge. No pics of all the bruises, no police rpts, nothing. My Permanent DVI was denied. CPS requested emergency... View More

Michael Ferrin
Michael Ferrin
answered on Mar 13, 2022

The Florida Bar has an ethics hotline that you can contact anonymously and ask if there was a conflict of interest. Just google Florida Bar Ethics Hotline and you should be able to find it.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: if i appealed a case and got it reversed and remanded would that apply to my co defendants...

the appealed decision was from a motion to suppress evidence, the evidence that was found is what charged everyone, so if it in fact is reversed by a higher court then wouldn't the same happen to the co Defendents. because if there is no evidence then there is no case no crime?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 24, 2022

As in most cases, it depends. It depends upon why the appellate court hypothetically found that the evidence should be suppressed as against you. It could be, for example, that the other parties didn't have standing to object to seizure of the evidence from you.

1 Answer | Asked in Contracts, Appeals / Appellate Law, Environmental and Land Use & Zoning for Florida on
Q: Live in a CDD, adjacent to StormWater Area & wetland. Purchased for privacy. Area behind my home is floodzone AE.

There's a "No Public Access" permit condition in deed restrictions, "no public access" sign at entrance. The plat illegally shows "RECREATION"

People ignored the sign, talking and disturbing me at all hours. Property Mgmt sent a letter stating the area... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 19, 2022

You can use the “Find a Lawyer” link on this page. Lawyers cannot contact you first. The dismissal with prejudice seems very harsh just for not attaching the documents.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: if I came out of the 5th District Circuit Court and was filing a Habeas Corpus\Actual Innocence Claim,WHERE

Or WHO do I file it to???

Keith Upson
Keith Upson
answered on Feb 14, 2022

Florida Fifth District Court of Appeals? What circuit (trial) court? The answer is in the Middle District of Florida, Orlando Division, if it was an Orlando case.

https://www.flmd.uscourts.gov/locations/orlando

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