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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How long does a federal case appeal take to get approved
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

There is no real time limit for the Circuit Court to decide. After the briefing is finished it can take many, many months.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Why does SCOTUS hear appeals directly from state supreme courts?

Usually, when someone wants to pursue a claim under federal law, they have to begin in a U.S. district court, correct? But when someone has exhausted remedies under state law and now wishes to make an argument from federal law, they're permitted to appeal directly to SCOTUS. Why don't... View More

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

The decisions over the scope of the jurisdiction of the U.S. Supreme Court are made by Congress in the U.S. Code. The Constitution gives Congress the power to make thee decisions. See Article III, section 2, ¶2: "the supreme Court shall have appellate Jurisdiction, both as to Law and Fact,... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: In FL 10th judicial appeal,18 months after the briefs were provided, there is no mention of it anywhere. Can I find it?

I asked my court appointed appellate counsel about the status of my appeal. It has been 18 months since the appellant and appellate briefs were provided. In those 18 months there has been no mention of it, anywhere. I was told that nothing will be published until the affirming/reversing is... View More

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

Dear ?,

Your court appointed counsel is the best person to answer this question. If he/she cannot or will not then you should contact the Clerk of the appellate court. In general, most states have an electronic appellate docket these days, but sometimes access to it is restricted.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Can i be convicted for being in a house full of drugs?
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 23, 2013

Sure, but then you might have some valid defenses, and there is not a crime called this, it is usually possession, and can even be constructive possession, but there usually are defenses if you for instance did not know that the drugs were there. One important thing to remember is not to speak with... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Florida law. My brother received a 60 year criminal sentence in 1989 due to poor representation and possible coercion...

Is it too late to withdraw his plea and file on the lack of representation? Thank you.

Robert Jason De Groot
Robert Jason De Groot
answered on Feb 15, 2013

It is way too late to withdraw his plea, the type of motion is called a 3.850 for ineffective assistance of counsel. You will have to contact an attorney and actually hire one to look into what might be possible for your brother. The gain time was different in 1989, with many prisoners only doing a... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Iam in florida and need a lawyer for a mandamus case
Robert Jason De Groot
Robert Jason De Groot
answered on Feb 15, 2013

Then start calling appellate attorneys and getting estimates. Mandamus is not easy, indeed, no appeals are easy. The relief afforded by appellate courts is sometimes very curtailed.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: When there is a direct appeal. how does oral argument come into play?
Robert Jason De Groot
Robert Jason De Groot
answered on Jan 30, 2013

Oral argument can be requested.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If i feel i was forced to take a plea by intimidation can I appeal,also I feel that I had ineffective counsel.
Robert Jason De Groot
Robert Jason De Groot
answered on Jan 30, 2013

What you might want to do is hire another attorney to make a motion to withdraw the plea.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If one drops appeal,is one able go for ineffective counsel then go back for appellate appeal?
Robert Jason De Groot
Robert Jason De Groot
answered on Jan 30, 2013

Perhaps. More facts are needed to answer this question.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What is the proper method to request reinstatement of Appeal dismissed for failure to pay fees? Now have the Aff.of Indg
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 15, 2012

Probably by motion. Check the appellate rules.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Where can i find a decent attorny willing to do pro bono appeallate work for my gf who is incarcerated at lowell c.i
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 25, 2012

The public defender is the pro bono attorney. Their appellate divisions are great. You will not find a private one to do appellate work for free. What are the issues? She had 30 days to file a notice of appeal. Do you have a complete transcript of the trial or hearing? There are many matters that... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Does my ex have 10 days to appeal after a child support hearing and request fir me to pay something more?

She is now also wanting past medical bills paid.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 24, 2012

The time to appeal is within 30 days. The time to make objections to a ruling of a general master or magistrate is 10 days. The time to make a motion to amend is 10 days. Get an attorney if you do not have one already.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What is the term used by the appeal court, "target case" means?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2012

One would have to read the decision from the appellate court in order to know the context and answer this question. Give us a citation, and we will be glad to tell you what might have been meant. Just the phrase, in this case, is simply not enough.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How long does it usually take for the Dept of Justice to approve a case for filing in Middle District Court

I won an OSHA appeal and the attorney for the solicitors office told me in May 2012 that it would probably be filed by July 4, 2012 after the Department of Justice gave the final approval. I have not heard anything.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 11, 2012

Well then contact that attorney and ask when the case will be filed.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What are the chances of appealing this FWA case against that was granted 'Summary Judgment?'

Case Number: 8:2010cv02003. I need a Florida attorney or a law student to help me go Pro Se on filing an appeal.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 31, 2012

There is no way an attorney can tell you what the chances are without knowing all of the facts.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What are steps are required for an appeal with the Eleventh District of Florida court?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 16, 2012

In order to appeal a decision, you must file a notice of appeal with the lower court within 30 days. Many things are required, like designating the record, etc. Then you would need to prepare a brief to submit to the appellate court. When the opponent files a brief, you have 20 days to file another... View More

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How long does an appeal answer take once final answer reply is in- FL.
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 26, 2012

It can take years for any of the DCAs to decide.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Someone has two motions in court 3.850 and 3.800 and also filed an expediate proceeding pro se. The judge gave to state

90 days to respond to the motion but it has been over 90 days and the state has not responded yet or asked for an extention to respond. Will it be appropriate to file another motion but to the appeals court to correct an illegal sentencing?

Robert Jason De Groot
Robert Jason De Groot
answered on Jun 26, 2012

The court has to determine whether the motions are sufficient on their face.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Is there any case that the two prong Strickland test has been denied, AFTER the prejudice prong has been established?
Robert Jason De Groot
Robert Jason De Groot
answered on Jun 26, 2012

Recognizing that this question was asked a year ago, I doubt that an answer would be useful at this stage. However, when asking questions like this it is better to give some facts and the citation to the case or cases that need to be read in order to answer them.

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