Dorothy Frances Easley's Answers

What does "appellants/respondents" mean?

In Florida state appellate courts, there could be a couple of reasons for this. First, if it's a final appeal, then the parties are referred to as appellant (the party appealing) and appellee (the party that is not appealing and most likely was satisfied with what happened below). In family law matters and in equity proceedings, the parties are referred to in the lower court as petitioner and respondent. It's possible that the appellant/petitioner reflects that this was a family law matter or...

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If a plaintiff is dismissed from a case, do other parties who are creditors of that party have standing to appeal the dismissal?

Standing is very fact specific and not always simple. Generally, if the individual plaintiffs are parties, then they may have standing to appeal the dismissal of the corporate plaintiff and would want to appeal. Hope that answers your threshold question. This is not legal advice and research would be required to provide a complete answer.

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If a party to a civil lawsuit is dismissed, can another party appeal the dismissal?

The general rule in Florida appellate practice is that, if one defendant is dismissed from a lawsuit in Florida state court (as opposed to federal court, where dismissal does not yet require an appeal generally until the end of the case), the plaintiff OR the other defendant may appeal that final order of dismissal. (In federal court, that rule is a little different.) There are some nuances to the rule, such as whether there are pending counterclaims, crossclaims or other claims as to that...

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How do I go about an appeals process if the direct appeal has been submitted by a public defender, but i want to hire council?

The delay can be a result of the trial court clerk putting together the record [long records take longer than short records], of the court reporter [in criminal appeals, they are court appointed, rather than selected by private counsel] and they are of late inundated and taking a long time to get transcripts completed. No matter the attorney your fiance chooses, those delays will still be there, though there are some methods private attorneys can employ to get the record completed sooner....

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How do I find a good appellate lawyer to handle my civil appeal?

The Florida Bar Board Certified Appellate lawyers are appellate specialists, qualified to handle civil appeals, as well as criminal, administrative and federal appeals all the way to the US Supreme Court. The certification process is rigorous. Out of 86,000 plus lawyers in Florida, less than 200 are board certified appellate specialists who work regularly in this complex area of law. Here is a link to the Board Certified Appellate Specialists in Florida: https://www.floridabar.org/names.nsf/...

Can i get names of succesful civil appeal lawyers?

The Florida Bar Board Certified Appellate lawyers are appellate specialists, qualified to handle civil appeals, as well as criminal, administrative and federal appeals all the way to the US Supreme Court. The certification process is rigorous. Out of 86,000 plus lawyers in Florida, less than 200 are board certified appellate specialists who work regularly in this complex area of law. Here is a link to the Board Certified Appellate Specialists in Florida: https://www.floridabar.org/names.nsf/...

Should I have my attorney file with appellate court requesting a writ of mandamus?

This is a long time, but courts are inundated and grossly understaffed now due to the legislature budget cuts. Florida citizens are hurt by the budget cuts to the courts. That said, your trial attorney could do a "Notice of Ripeness of Adjudication", a proposed order and attach a copy of the transcript and "request a hearing to aid the court's review". If 3 weeks go by without a decision, he/she could do another one. If another 3 weeks go by, a petition for writ of mandamus may be a strong...

If a tenant appeals a possession judgment does the tenant stay in home or apt until the appeal is done?

I agree with the previous answer and add that the tenant usually must seek a stay of the eviction proceedings and that stay, if the court grants it, remains in effect until the appeal is complete--generally when a decision comes out. My standard disclaimer: I am not offering legal advice; I am just making suggestions for starting points for when you do speak with an attorney. My comments here are merely for educational purposes and you should seek the advice of an attorney and present your...

HOW DO I GET A PROTECTIVE ORDER AGAINST ME DISNISSED IF JUDGE DENIED A RE-HEARING??

I agree with the previous answer. You need to seek out trial attorneys in your area that handle domestic relations and licensing issues. You may feel that you don't have the resources, but it is worth the time to seek counsel to protect your rights and to protect your license--your livelihood. There is a saying in the law--which most attorneys themselves agree with--that anyone who will represent him/herself has a fool for a client. At a minimum, seek a free one-hour consultation with a...