Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
Case is in appellate court
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).
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
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.
answered on Jun 28, 2018
Have you received notice as to when the briefs are due? Has a hearing been scheduled?
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.
Do the terms refer to affirming or denying the lower courts ruling or affirming or denying the appellants application?
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... View More
level?
answered on Apr 15, 2018
You are normally limited to the evidence that was introduced at trial.
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.
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
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... View More
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
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.
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
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... View More
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
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
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
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,
Guyve Hall, Petitioner, V. Department Of Veterans Affairs Federal Court 1994 22F.3d 1104 Fed. Cir. 1994.
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.
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
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
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... View More
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... View More
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
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
answered on Sep 26, 2016
Do you mean "submitted"? I suggest you ask your attorney.
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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