Shannon McLin Carlyle's Answers

I am about to file a Notice of Appeal and I wanted to know what the Federal Civil Procedures are.

I agree with Attorney Sossoman Taylor that, in my opinion, it is imperative that you consult with an attorney who is Board Certified by the Florida Bar in appellate practice. As the old staying goes, "A stitch in time, saves nine." Sincerely, Shannon McLin Carlyle The Carlyle Appellate Law Firm www.AppellateLawFirm.com

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Can an motion for extension of time for a brief be filed a few days after the due date?

As discussed in my prior answer, your chances of success are high. The court has a strong policy of deciding cases on the merits as long as the slip-up is not jurisdictional.

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Can an motion for extension of time for a brief be filed a few days after the due date?

I see that you are writing from St. Augustine. If your case is pending in the 5th District Court of Appeal the chances of success of your Motion for Extension of Time to Serve Initial Brief is very high. (and, in my experience, it would also be high in the other four district courts of appeal in Florida). The caveat is how late is your brief? If it is a few days late, the other side can hardly show prejudice and Florida courts have a strong public policy of deciding cases on their merits...

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We need a appeal attorney for criminal in Bay County Florida

I agree wholeheartedly with Mr. Provis. You need a Florida appellate attorney who practices criminal law. Our firm handles criminal and civil appeals throughout Florida and we would be happy to discuss the matter further. Sincerley, Shannon McLin Carlyle The Carlyle Appellate Law Firm www.AppellateLawFirm.com (352) 259 8852

My ex-husband filed a reinstatement of an appeal . I filed a Motion to Dismiss Reinstatement of appeal. I was told 2 diffe

The confusion might be in the fact that there were two orders entered. The first order does not appear to be a final, appealable order because all judicial labor was not complete, i.e, it only determined alimony and, most likely, reserved jurisdiciton for the trial court to consider the child support issue. In an event, once a final, appealable order is rendered (signed by the judge and docketed by the clerk of the circuit court), a "Notice of Appeal" must be filed in the circuit court within...

Appeal question

This means that the appellate court entered an order granting an extension of time. Most likely, a party miled a motion for extension of time to serve their Initial, Answer, or Reply Brief, and the appellate court granted an extension, They usually will grant a 30 day extension, and will most likely grant a second 30 day extension, particularly if the opposing party does not object to the extension. Hope this helps, Shannon McLin Carlyle The Carlyle Appellat Law Firm www....

Florida civil appeal process, filing a motion for ineffective assistance of counsel

There remedy is to seek legal advise from a qualified legal malpractice attorney who will analyze your case and determine whether you have a valid claim, i.e., that if your attorney had not fallen below the standard of care, the result would have likely been different. As an appellate law firm, handling civil appeals throughout Flroida, we work with several board certified lawyers who will review your case at no cost to you. Please feel free to contact our office and we'd be happy to make a...

Florida divorce law, procedure for appealing alimony judgment

Every civil litigant has the right to one direct appeal of a final judgment. However, you must have a legal basis to appeal, i.e., that the trial court comitted reversible error. A notice of appeal must be filed within 30 days of entry of final judgment. A judgment is final when a signed written order is docketed by the clerk. The deadline for filing is jurisdictional, and therefore, it is imperative that if an appeal is an appropriate action under the circumstances of your case, it must...