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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Probate for Florida on
Q: Case is perfected, will proceed without benefit of an answer brief means what?

Case is in appellate court

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2018

It basically means that the appellate court will decide the appeal without the opposing party needing to file a brief (written memorandum setting forth legal arguments).

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Case is perfected , will proceed without benefit of an answer brief means what?
Gary Kollin
Gary Kollin
answered on Jun 28, 2018

Do you have an attorney? If so, talk to your attorney.

If you do not, then you failed to file an answer brief in a timely fashion and the court will decide the appeal without the benefit of your input

2 Answers | Asked in Appeals / Appellate Law and Probate for Florida on
Q: How long does it take to get a decision on a probate case in Florida appellate court?

Me and my two sisters were found to be legal heirs of my grandmother's property that was fraudently obtained by the defendant's and they appealed the judges order.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2018

Have you received notice as to when the briefs are due? Has a hearing been scheduled?

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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: The trial court that heard my case issued a "final order." Does that mean I can't appeal higher?
Gary Kollin
Gary Kollin
answered on Jun 4, 2018

It is the court's final order. Generally, you need a final judgment before you can appeal.

If you are representing yourself, that idea must be questioned as your knowledge of routine matters is deficient.

If you have an attorney, you should be addressing these questions to your lawyer.

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: When reading a decision from the District Appeals Court, what do the terms Affirmed and Denied mean?

Do the terms refer to affirming or denying the lower courts ruling or affirming or denying the appellants application?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 16, 2018

The terms refer to the ruling by the lower court.

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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If I discover a new witness after I lost my trial court case, can I file an appeal in Florida?
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 2, 2018

No, it would not be grounds for a successful appeal. But you might be able to file a motion for relief from the judgment, pursuant to Florida Rules of Civil Procedure, Rule 1.540, which provides in pertinent part that:

"...On motion and upon such terms as are just, the court may...
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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Am I allowed to introduce new information during an appellate proceeding do must I rely on what existed at the trial

level?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 15, 2018

You are normally limited to the evidence that was introduced at trial.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: My boyfriend was out on bond and missed his court date. He was arrested on FTA. How do I get him a new bond. No lawyer
Shiobhan Olivero
Shiobhan Olivero
answered on Dec 15, 2017

If he has no lawyer, he needs to hire a lawyer. If he cannot afford an attorney, then he needs to request the services of the Public Defender's office, and one of the attorneys in the office will help him with this issue.

1 Answer | Asked in Appeals / Appellate Law, Foreclosure, Real Estate Law and Civil Rights for Florida on
Q: Concerning the writing of a Brief , both Circuit Court and Appellate Court...

My lawyer refuses to include important details vital to the case. He claims he can not call the other lawyer a liar, when clearly he is ! Is this legal for him to not include the truth when i insist he include it? I feel like im being kept quiet by my lawyer. This is a case about a fake HOA placing... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2017

What a lawyer says in court is not testimony. Testimony is made by witnesses. Lawyers in a case cannot give testimony in that case. So, even if the lawyer "lied", it would not be relevant to the appeal because the "lie" would not affected what the court decided.

If...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: Wrongfully convicted, facing Life Sentence-- is a letter of clemency appropriate, and to whom?

My father was found guilty of sexual assault on a minor (12-year-old) despite there not being any proof, and actual

evidence that he could not have done what is accused (he could not have "crouched down to touch" anyone because he is obese, 72-years old, and knee injuries that... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2017

Assuming this is a Florida state conviction, I believe a request for clemency would go to the governor, but probably only after the judgment of conviction has actually been rendered. Clemency, like a pardon, presumes guilt but contemplates other factors which may reduce the punishment.

2 Answers | Asked in Appeals / Appellate Law, Foreclosure and Real Estate Law for Florida on
Q: We had a mortgage in 2007.It didn't create a lien on our property.We lost our homestead to foreclosure.We appealed

the 5DCA per curiamed our appeal. We motioned to vacate judgment, sale and certificate of title. We discovered thru the SEC that the trust was nonexistent.I showed the judge the release of mortgage. We were sued by a nonentity with no lien on our property and judge denied our motion. We are in... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 11, 2017

With all due respect, you are in over your head in trying to handle this type of case yourself. Also, you rendition of facts are extremely complicate and apparently your case is still pending on appeal.

I am not able to provide you any type of guidance via this online service.

I...
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1 Answer | Asked in Criminal Law, Immigration Law and Appeals / Appellate Law for Florida on
Q: trying to get information about reviewing a felony case

i was put on 3 yrs felon probation foe aggravated assult. adjudication of guilt withheld. the judge was mad there was no proofand my lawyer sold me out and never helped. i want to get my case reviewed as i never hit nobody. i took the plea agreement because i was pregnant.. can i get help on... View More

Richard Hornsby
Richard Hornsby
answered on Jul 18, 2017

You should consult with a post-conviction relief or appellate attorney familiar with criminal law. https://www.richardhornsby.com/crimes/assault/aggravated-assault.html

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Florida on
Q: I am in a class action E.R.I.S.A case before the 4th circuit court of appeals-Is my award judgement proof in a chap 7 bk

If I file Pro Se chapter 7 in Fl, am I subject to lose my award? All my debts are unsecured- If decisions affirmed, I expect no more than 30,000.00 I am retired,existing on s.s. benefits-I cannot afford Atty and have been unable to get legal assistance- If my award is not going to be exempt - I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 25, 2017

If your Employee Retirement Income Security Act claim pertains to a pension, yes it is probably a contingent, exempt asset. See Florida Statute 222.21,

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: Can an appeal be filed on a case affirmed by the supreme court?

Guyve Hall, Petitioner, V. Department Of Veterans Affairs Federal Court 1994 22F.3d 1104 Fed. Cir. 1994.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 21, 2017

On appeal, the United States Court of Appeals affirmed per curium on March 15th. A petition for a writ of certiorari could have been filed in the U.S. Supreme Court, but I don't believe it would be timely if filed now.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Florida on
Q: investigators closed a 6m case without checking into phone records or other social media because victim had done drugs

My partner was found naked floating in a ravine in Florida last September. His clothes, phone and other possessions he would typically carry never found. The family has given investigator so much information to investigate such as phone number and social media that he could have looked into.... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on May 12, 2017

Sorry about your situation. I will say that police officers are people and we as people do not always go the extra mile for a variety of reasons (good or bad). That being said, a power of attorney from your partner's mom to act on his behalf is not legally valid. She cannot grant a power of... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What does it means if an appeal reads not final until disposition of timely filed motion for rehearing means
Brian Lehman
Brian Lehman
answered on Mar 30, 2017

Here is a solid article providing an overview of reconsideration and rehearing in Florida:

https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/0020FF826AD66C5F852575C50049D2B4

In short, the court can rehear the case if an attorney or pro se party points out errors and the...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Florida on
Q: Can I request no visitation for my daughter's father that is threatening to kill me and tells me to commit suicide?
Brian Lehman
Brian Lehman
answered on Jan 12, 2017

You need a lawyer -- If you can't afford a lawyer, call one of these groups: http://womenscenterofjax.org/ or http://www.hubbardhouse.org/

Or type in domestic violence, Jacksonville, Florida into google and find a group you want.

You want to coordinate with one of these...
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2 Answers | Asked in Appeals / Appellate Law, Divorce and Family Law for Florida on
Q: Have to answer to an order to Show Cause (divorce) against a writ of Prohibition at the Appeal Court how can i get ?

I need to answer to answer an order to show cause in my divorce case at the appeal court in 10 days against a writ of Prohibition at the appeal court i need a appellate attorney to help me

i was pro se for months at the circuit court got a order in my favor so my opponent try to reverse it... View More

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Jan 5, 2017

Unfortunately, this is very complicated and you need a lawyer. Most charge $10k but some charge a bit less. Please find an attorney to help you. Most take credit cards, as do I. Perhaps you can borrow money from family? There is no way a skilled attorney can tell you the steps to take with the... View More

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1 Answer | Asked in Appeals / Appellate Law and Business Law for Florida on
Q: How long does it take Florida appeal court to make a ruling on civil case after everything been summit?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 26, 2016

Do you mean "submitted"? I suggest you ask your attorney.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Federal Crimes for Florida on
Q: How Do I Discredit A Lead Detective On Lack of Investigation In A Armed Robbery Case?
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Sep 21, 2016

Impossible to outline on the internet. You retain a lawyer who knows how or check trial/evidence books out of the library and learn in the dozens of hours it will take to do.

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