Does an untimely filing of an initial brief will cause it to be dismissed? That does not mean, that all avenues are foreclosed?
Roy's answer
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Answered on October 04, 2015
The key point to make is that the appellee will not be prejudiced by the delay. If this is an ordinary case involving money damages, the delay in...
Archived
File new violation of law in Appellate Court, or, in lower court ? -(Appellate Court currently. has jurisdiction on an Appeal)
Roy's answer
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Answered on October 02, 2015
The motion should be filed in the trial court, with a copy of it attached to a 'motion to relinquish jurisdiction' filed in the appellate court to...
Is a failure to object during a motion to dismiss hearing fatal to having a dismissal with prejudice reversed on appeal?
Roy's answer
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Answered on October 02, 2015
Although there is no need for a technical "objection" at the hearing, if there was no argument against the granting of dismissal based on the...
Archived
How can I appeal a motion to suppress in my criminal case?
Roy's answer
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Answered on October 02, 2015
The courts generally will not entertain a petition for certiorari from an order denying a motion to suppress because the act of going to trial and...
Archived
What is the legality of re-filing a homeowners insurance claim?
Roy's answer
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Answered on September 30, 2015
Yes, you can re-open a claim against your insurance company and it sounds like you have no reason not to do so.
Archived
4 car collision
Roy's answer
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Answered on September 30, 2015
If your policy has either collision coverage or uninsured motorists coverage, that should pay for your damage on behalf of the driver who fled the...
Can an insurance company cancel my drivers license?
Should I call the insurance company myself or a lawyer?
Roy's answer
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Answered on September 30, 2015
If the other driver's insurance paid for his damage, that insurance company has a right to collect from the at fault driver (assumedly you) under...
Archived
How much time must an attorney give the opposing party when requesting a Motion to Continue
Roy's answer
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Answered on September 30, 2015
Your question is unclear. Are you complaining about the fact that a continuance was granted without proper notice to you? If so, the matter seems...
Archived
Can sanctions under FL Rule 57.105 that is Ordered as a support order be appealed?
Roy's answer
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Answered on September 30, 2015
Please note that you must wait for the judge to enter an amount of sanctions, as a mere ruling that some sanctions will be granted, without setting...
Archived
If one's appeal in the Circuit Court Appeal Department fails, what types of cases is the Supreme Court and/or the DCA, obliged
Roy's answer
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Answered on September 30, 2015
Your vehicle for further review would be a petition for certiorari, called in the appellate vernacular "second tier certiorari," which requires a...
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