How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lucy, Esq. Your Own Question

Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 20384
Experience:  Attorney
26798026
Type Your Business Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

QUESTION FOR LUCY ONLY

Resolved Question:

QUESTION FOR LUCY ONLY


Thank you for your previous answer, always right to the point, appreciated !


I have served a Notice of Appeal of the order denying my motion for relief ...


I have also served a Notice of Appeal on the order of opponent 's motion for sanctions and his amendment.


Question:


1) Is a full appeal an appropriate option for an order denying a motion rule 1.540 for relief, when the prior appeal of the FJ has not been reviewed by the DCA yet (the brief is under preparation for submission on Monday) . Typically this should not be a petition for certiorari of the order denying the motion rule 1.540? Correct?


2)Is it procedurally an option to file a motion to consolidate the 3 appeals NOW, TOGETHER with the Notices of Appeals of the orders. (The 3rd appeal is on the final judgment and several intermediary non final orders, the notice was filed etc... and thi s is the one I am preparing the brief for). I mean is there typically a restriction to file a motion to consolidate such as waiting that the notices of appeal are accepted by the DCA ?


 

Submitted: 1 year ago.
Category: Business Law
Expert:  Wendy-Mod replied 1 year ago.
Hello,

I'm Wendy, and I’m a moderator for this topic. I sent Lucy a message to follow up with you here, when she is back online.

If I can help further, please let me know. Thank you for your continued patience.

Best,
Wendy
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

1. A person can appeal a denial of a 1.540 motion. However, the Court of Appeals isn't reviewing whether the person should have won the case. They are only reviewing whether the judge made a mistake in denying the motion. It's not a full review of the entire case.

2. If all three Notices of Appeal have been filed, a person can file a Motion to Consolidate.
Customer: replied 1 year ago.


Thank you ,Lucy.

I have some additional practical questions about best options or practices in the following scenarios:

a)Having filed a Notice of Appeal of a 2nd final Judgment, a person is entitled to argue the validity of all orders rendered before that final order, including the first final judgement and the amended final judgement, when all these are part of the record transmitted to the DCA. correct ?

b) As per Rule 9.300(b) of FRAP, the motion to consolidate tolls the time to render the brief. Correct?

c) In the scenario where a lower court has refused to issue a written order of the oral order denying a motion for continuance, critical to the case, the filing a petition for a writ of mandamus at the lower Court tolls the time to file the brief ?

d) Is it appropriate/recommended to file a Motion to Supplement the record ?

e) The tardiness of the motion to supplement, if objected, is no longer a valid argument when there is a motion to consolidate the appeals and the review of the order is critical to one of the new appeals also ?

f) A proceeding of stipulated statement of facts has been initiated,to replace the non-existent transcript of trial hearing. The stipulated statement of facts has been submitted to the opponent who has 10 days to submit objections. The 10 days are still pending, after which the stipulated statement of facts must be submitted to the lower court for admission to the record.

 

e) Best practice is to submit the brief in time and to include an argument that the brief needs to be amended explaining why (motion to consolidate, additions to the record), so as to preserve the rights for the future, correct ?

Expert:  Lucy, Esq. replied 1 year ago.
a. Yes. All orders being appealed throughout the proceeding can be appealed as part of the Notice of Appeal of the final order. Essentially, the party is saying "The decision is wrong, and all of these incorrect rulings contributed to the incorrect decision..."

b. Usually, this is how it is done. The only exception is usually when additional orders are entered post-judgment and a party also wishes to appeal those orders.

c. Not if the orders being added had not yet been issued when the Notice of Appeal was filed.
Customer: replied 1 year ago.

Thank you !


 


The only exception is usually when additional orders are entered post-judgment and a party also wishes to appeal those orders.

Sorry, I am bit confused with the term "exception". The additional orders to appeal are post-judgment indeed. Does it mean. in such scenario, that the motion to consolidate related appeals will not toll the time to file the initial brief ?

Expert:  Lucy, Esq. replied 1 year ago.
If the Appeals Court has already issued a briefing schedule, a Motion to Consolidate Appeals may not automatically pause the time for filing the brief. However, the party could also file a motion to stay, asking that the appeal be placed on hold until the Motion to Consolidate was decided. The party could also include within that a request to enlarge time to file the Opening Brief.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 20384
Experience: Attorney
Lucy, Esq. and 4 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA