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Lucy, Esq.
Lucy, Esq., Attorney
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For Lucy only Hi Lucy, how are you doing today ? I want

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For Lucy only

Hi Lucy, how are you doing today ?

I want to file a notice of appeal tomorrow, and my question is should I appeal WITH ONE SINGLE NOTICE the final judgments (we have 3 now) AND the order denying our motion to strike ( that is actually a motion to strike for want of prosecution and contempt of Court of Plaintiff, but the counsel was not specific except in his argument that was underlined ) and other non-final orders, or do I need to file a notice of appeal for each item ?
Submitted: 1 year ago.
Category: Business Law
Expert:  Lucy, Esq. replied 1 year ago.
Good morning,

I'm doing pretty well, thank you. I hope you had a nice holiday.

A Notice of Appeal states which orders are being appealed, and it can list more than one, as long as all were entered within 30 days prior to the date of the notice. With multiple judgments, if each supercedes the prior judgements, it's the final judgment that is appealed.
Customer: replied 1 year ago.

Thank you for your answer, always appreciated.

We are in time, the final order was filed on June 14th.

So basically, I understood I need to go to the lower court and file with the specialized clerk there, but does it require to serve the notice before to my opponent ?


 

Expert:  Lucy, Esq. replied 1 year ago.
Yes, they have to get served with a copy.
Customer: replied 1 year ago.

Ok, so in this case do I need to file first with the specialized clerk or can I serve today and file tomorrow ?

Expert:  Lucy, Esq. replied 1 year ago.
Under Rule 1.080, service is complete upon mailing. So, a person can actually put it in the mail on the way to the courthouse to file it.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 19927
Experience: Attorney
Lucy, Esq. and 4 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

as long as all were entered within 30 days prior to the date of the notice

Sorry, I realize here that my question is not exactly answered.

What I mean is this : there has been orders ruling various motions all the way before the final order. However, as per FL. appellate rules, these are normally being tolled and appealed to after the final order, within the 30 days of it, even if these orders were issued before . The question is should these be listed separately on my notice of appeal ?


Expert:  Lucy, Esq. replied 1 year ago.
Anything that you want to appeal has to be stated in the notice of appeal. Some final orders can't be appealed, but anything that can be appealed once the final order is entered has to be stated, or the Notice won't apply to that item.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 19927
Experience: Attorney
Lucy, Esq. and 4 other Business Law Specialists are ready to help you

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