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How long does a Florida judge have to review a brief?

Pensacola, FL |

I am wondering how long a Florida judge has to review a brief? My husband is incarcerated and his is waiting on the response of his appeal and he got a brief from his Public Defender and now he is wondering how long it takes for a judge to review it. It was stated in the letter that it has to be reviewed by the judge or a judge but doesn't say how long they have to do so. If anyone can help with this I would greatly appreciate it. Thanks!

Attorney Answers 3

Posted

There are no time limits for an appellate court to review a brief .

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Posted

Thank You!

David Richard Damore

David Richard Damore

Posted

You are welcome.

Posted

The answer is, as long as he likes (within reason). The question is what is reasonable. Some may say 6 months, some may say a year. Just have your PD keep pushing for a response, it will come eventually.

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Thank You very much!

Posted

As my colleagues stated, it all depends. The process is that your attorney files the Notice of Appeal, then the Clerk of Court prepares all the court records and sends them to the appellate court. Your attorney files the initial brief with the appellate court, then the Attorney General's office responds with an answer brief. Your attorney may then respond to the Atty General's brief. Eventually all of the briefs and responses are submitted to the appellate court which will then review everything that has been submitted and render a decision. The nature of the charge(s), the complexity of the issue(s), and the length of the records will all weigh into how long it will take the appellate court to render a decision. I hope this helps. Good Luck

The attorney's answers to questions are for general purposes only and do not establish an attorney-client relationship. Please contact Gapske Law Firm, P.A. 904-302-9151 for a consultation.

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Posted

Thank You!!

Laura Gapske

Laura Gapske

Posted

My pleasure, I hope this helps.

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