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Shannon McLin Carlyle
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Shannon Carlyle’s Answers

10 total

  • Appeal question

    Family member has been filing pro se appeal for years for armed robbery with life sentence. Last petition filed resulted in Judges Order Denying Petition for Writ-Habeas; further ordered that petition is frivolous, issued raised have been present...

    Shannon’s Answer

    • Selected as best answer

    The appellate court has the inherent power to sanction litigants for actions it believes are frivilous or are wasting the Court's time through multiple unwarranted filings or filing that are in violation of the Rules of Appellate Procedure. The Court believes that an attorney examining the facts would not file any of the past motions because lawyers have a duty to act in good faith. The appellate court has warned the pro se litigant not to file anything further in that Court pro se, and has specifically indicated that he or she must retain counsel to gain any further relief in that Court. It is imperative that the litigant follow the rules of the appellate court or, as the Court clearly noted, the criminal litigant could be subject to discipline by the prison facility where he is incarcerated.

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  • Can you date a guy who is geting a divorce even if his wife won't sign the separation agreement?

    They haven't lived together for 6 months but hmshe reuses to sign a separation agreement

    Shannon’s Answer

    Yes, you are free to date whomever you would like. However, it could create difficulties for him in his dissolution case.

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  • We need a appeal attorney for criminal in Bay County Florida

    Our brother was found quilty and sentenced on 12-2-2010. There was alot of instances that were called for mis-trial but the judge denied them. there was also alot of evidence that was presented that turned out negative for meth. my brother was rai...

    Shannon’s Answer

    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

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

    If so what are the adds of the motion being denied?

    Shannon’s Answer

    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?

    If so what are the adds of the motion being denied?

    Shannon’s Answer

    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 rather than having a case dismissed because of a late brief. The is caselaw supporting this proposition that should be included in your motion. Further, the time for serving the brief is not jurisdicitonal and therefore courts excercise brought discretion in this regard.

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

    I have not found a good enough attorney to take my appeal case yet and I am running out of time, so I will be filing the Notice of Appeal and paying the fee on Tues in the Middle district of Florida, Tampa. I have 6 arguments that need to be prepa...

    Shannon’s Answer

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

    He is pro se. Our divorce had two hearings. this one deciding alimony and child support which was final on Dec. 16, 2009. A motion for appeal was put in Dec. 31 and "voluntarily dismissed", by the attny because he did not pay her (and my ex doesn'...

    Shannon’s Answer

    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 30 days. The payment of the filing fee is also required but is not jurisdictional.

    The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship but if you found it helpful, please check the thumbs-up box below.

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  • Appeal question

    WHAT DO A order granting for eot mean in an appeal case

    Shannon’s Answer

    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.appellatelawfirm.com

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

    can i motion for ineffective assistance of counsel in a civil case wherein I am the defendant?

    Shannon’s Answer

    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 recommendation.

    Shannon McLin Carlyle
    The Carlyle Appellate Law Firm
    www.appellatelawfirm.com
    352 259 8852

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  • Florida divorce law, procedure for appealing alimony judgment

    Can a qualified domestic relations agreement & ordered bya judge that includes, in part , alimony payments ever be overturned?

    Shannon’s Answer

    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 be timely filed.

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