Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
answered on Jul 12, 2021
If you have already had your motion for new trial has been denied, you have thirty days to file an appeal (from the denial of your 3.600 motion).
What are the based evidence the state of Florida needs to prove guilt and what are the minimum to maximum required sentence or consequences for the offender if they're found guilty or plead no contest/ not guilty? One last question.. Would it be possible to get any files,documents, public... View More 
answered on May 30, 2021
The statute speaks for itself:
"... (13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking... View More
we live in Florida . he moved and wouldn't tell me where , he wont tell me where my belongings are , unbeknownst to me we were evicted. he makes 150k annually. i had an injunction against him b4 that expired 1 month b4 we decided to try to fix our marriage again. he is the breadwinner and... View More
answered on Mar 10, 2021
Alimony in Florida is based on need and ability to pay. You have to need it and he has to be able to afford it. The General Magistrate can certainly order alimony if the matter being heard by the Magistrate is related to support. You need to make sure there's a motion or a petition requesting... View More
answered on Mar 6, 2021
If I understand what you are asking, an appellate court (perhaps SCOTUS or the Florida Supreme Court) reversed a case and remanded to the trial court, ordering that certain remedies were viable. However, I'm guessing, the appellate court failed to mention another possible remedy. Perhaps you... View More
answered on Mar 1, 2021
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... View 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... View More
answered on Mar 1, 2021
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
answered on Dec 17, 2020
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.
answered on Dec 15, 2020
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
answered on Nov 20, 2020
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?
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.
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?... View More
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.
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.
In the state of Florida
answered on Aug 13, 2020
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?
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.
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... View More
I need an affordable appeals lawyer .
answered on Jun 30, 2020
Yes, and your attorney needs to file a motion for rehearing in the original (trial) court, ASAP.
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... View 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
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,... View 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... View More
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... View 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... View More
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.
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