Legal Question in Appeals and Writs in Florida

appeal on custody case

My husband is appealing a custody case, he had a lawyer but his ex is pro se. The ex had made 5 motions to dismiss the case, which were denied. She then lied and said that she never received the initial and the court ordered another one sent. The ex had to send an answer by 12/29/07, if not then the court will go without it. According to the docket online, she has not responded. What are the chances of my husband winning. Incidently, there was documented (in the brief) ex. that the wife moved without telling him and left him off all doctors/school paperwork.


Asked on 1/12/08, 6:27 pm

2 Answers from Attorneys
Robert Sirianni BROWNSTONE

Re: appeal on custody case

if your husband has a lawyer we are precluded from responding.

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Answered on 1/13/08, 8:39 am
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: appeal on custody case

Based on my experience with similar situations, I think you husband's chance of winning is very good. Normally, non-lawyer vs. lawyer court hearings result in the non-lawyer losing badly. The lawyer's odds of winning go up much further at trial because it is must more difficult to just "wing it" at a trial; rules of evidence and procedure are strictly applied, etc. Appeals are even more difficult and technical. It has been my experience that most pro se litigants filing appeals usually never get past the 1st couple of steps and they almost always lose. Appellate law is highly technical and is not something that most non-lawyers can successfully handle alone. Many people are trying to handle their legal matters on there own lately and often with disasterous results. It is very important to have legal representation when you are involved it a lawsuit. In summary, I think your husband will probably come out way ahead in the end.

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Answered on 1/12/08, 10:19 pm


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