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How to proceed in to mediation with an appellate court decision looming?

Jacksonville, FL |

I am currently separated with a permanant injunction filed against my husband with 100% child custody, and I am trying to file for divorce. My husband filed for an appeal with 2 separate lawyers since 05/2012. The appellate keeps providing him 15 more days to file a response since this time. Is there any way to file a complaint against this delay? I cannot get a hearing for divorce until this passes, and it seems like my husband is doing everything possible to extend this situation further. Any advice is greatly appreciated.

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Attorney answers 3

Posted

Have you filed a Motion to set the final hearing? What is he appealing? If it has been 8 months, the something appears to have gone wrong, since even with him changing attorneys, the case should have progressed more in this time frame.

Asker

Posted

My husband is appealing the DV injunction. I was advised since this has not been resolved that I could not file a motion to be heard for the divorce proceeding since the appellate decision must be ruled upon before the circuit judge could hear the case with the divorce. With this being said, the prior 2 attorneys my husband has had kept receiving motions from the Appellate court to refile the appeal due to incorrect pleadings. Thank you very much for your response!!!

Posted

Based on your inquiry it appears that you have not filed for divorce. The fact that you have obtained an injunction and that matter under appeal should have no direct bearing on your pursuing a divorce. The divorce case would be an entirely separate lawsuit from the injuction case and, in fact, any issues related to child custody are governed by the decisions rendered in the divorce case. The continuing delays in the appeal are not unusual. The appellate court will usually grant an extension of time to file certain documents but after this has happened a few times it is likely that the court will deny further requests to delay the proceedings .I hope that this helps.

Posted

I would agree with the above attorneys' advice

the information provided above is for information purposes only and you should consult an attorney for specific answers to your case