Legal Question in Appeals and Writs in Florida

Dear Appeals Attorney(s)-

I have a case right now that is going into the Appeal phase. This is a case involving civil litigation, and I'm the Plaintiff. I've been denied "due process" and the Defense is trying to tie in a prior case (which is closed) matter into this case (appeal case). When I went to trial, I tried to clear this up with the judge, and point out that the Defense is in the wrong with their accusations. The judge dismissed the case (siding with the Defense) and I'm now trying to have forward momentum to make my case clear to the Appelant Court, that the judge and the Defense are wrong. The Defense is trying to squash me with legal documents, and making suggestions to the court. The judge that made the ruling has been sitting on the dismisal/decision document for nearly a month, without a copy being sent to me for my appeal. I need a strong game plan for this appeal!... I'm open to your (attorneys) views and suggestions... Thank you!


Asked on 10/25/10, 4:12 pm

2 Answers from Attorneys
Shelly Schellenberg MI & FL private practice

It sounds like you are in over your head. Unless you are trained in civil procedure, and appellate law, you have a very high hurdle to clear. If the stakes are high, and you really believe that the trial court erred, then you should hire an attorney to protect your interests. The defense attorney is going to continue to "squash" you with legal documents, because it is his/her job to prevent you from winning.

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Answered on 10/31/10, 6:33 am
Robert Garven Robert Garven, Esq.

More information is necessary in order to advise you, but you need to be aware that an appeal must be filed in a timely manner or the right to appeal will be lost. You therefore need to file a notice in the trial court within 30 days of the order - I gather it is a final judgment? - being appealed. As to whether or not you have a good case and as to what costs may be involved, you need to speak with an attorney.

Robert Garven, Esq.

Florida

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Answered on 11/02/10, 6:52 am


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