Archived
If my car is total and i still owe the finance company and my insurance pays it off can i still keep my car
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Answered on May 27, 2015
Sometimes an insurer will make an offer of less than the pre-accident fair market value of the car if the insured wants to keep the wrecked...
Archived
Do I have to abide by a judges order if I file an appeal???
Roy's answer
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Answered on May 27, 2015
Merely filing an appeal will not protect you if you do not follow the order. You will need to ask the trial judge for a "stay" of the effect of...
Archived
Is a default judgment that reserves judgment on unliquidated damages appealable?
Roy's answer
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Answered on May 26, 2015
No. Until about 1992 such orders were appealable nonfinal orders, but the nonfinal appeal rule (9.130) was amended to require waiting until...
Archived
ABSENTEE FATHER APPEALING JUDGE'S ORDER ALLOWING RELOCATION AND COURT ORDERED LONG DISTANCE PARENTING PLAN
Roy's answer
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Answered on May 25, 2015
Yes, it must be a motion for rehearing or reconsideration filed in the trial court. That motion would have to be filed within 15 days of the order...
Archived
How can I dispute or fight a final judgement charge from the DMV? They suspended my license, want a letter plus SR-22 and a fee
Roy's answer
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Answered on May 24, 2015
Because your insurance paid the other driver' property damage, your insurance company was aware of the possibility of a claim for his personal...
Archived
Post conviction appeal time lines
Roy's answer
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Answered on May 24, 2015
The following is from an article I published on the subject of your question in a Florida Bar Appellate Practice Section publication:
Fla. R. ...
Archived
Should I file interlocutory appeal b/c judge set aside clerk's default after D had 3 chances to file response but did not?
Roy's answer
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Answered on May 23, 2015
The granting of a motion to vacate a clerk's default is not an appealable order, so the answer is no.
Archived
Currently have a 3.850 in appeals. I have recently found out new information that should allow a new 3.850 to be filed...
Roy's answer
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Answered on May 23, 2015
Under the current version of Rule 3.850(h)(2), a trial court cannot deny a successive 3.850 motion simply because it is successive; instead, the...
Archived
Is it possible to file an appeal to overturn a garnishment denial?
Roy's answer
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Answered on May 23, 2015
Yes, the denial of a motion to dissolve a writ of garnishment based on the trial court's erroneous ruling on a claim of exemption is an appealable...
Archived
His appeal failed. What should he do next?
Roy's answer
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Answered on May 23, 2015
In addition to the federal habeas route described by Mr. Mitchell, Florida has a procedure called a Motion for Post-Conviction Relief under Florida...
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