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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: FL Real Estate
Satisfied Customers: 112775
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My Motion was denied on a Order by the Court to Preclude

Customer Question

My Motion for Reconsideration was denied on a Order by the Court to Preclude Defendant from Interference with REM Proceeding Based on Prior Chapter 7 Surrender (many issues here...including crooked Judge). In that Motion I also asked for the Court to explain in writing (if reconsideration denied) why the matter was heard without notice and why the Court refuses to Reconsider these Actions.I just received from the Judge a denial for my Motion of Reconsideration.Questions:1) Does the Judge have to give me a written response...if not...do I still have 60 days (not 30) to appeal
2) What are the procedures in FL for filing an appeal?Thanks
Submitted: 6 months ago.
Category: FL Real Estate
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under FL law on appeals, you have 30 days to appeal unless the court grants you more time to file an appeal. You may file a motion for written conclusions of law from the court if you choose. Nothing in FL law requires or mandates a written decision of the court though. So you can file your appeal within 30 days of the receipt of final order in the case. You need to file a notice of appeal in the court that issued the decision against you and then you need to file your appeal with the appeals brief citing your facts and issues on appeal and your case law that supports your position on the appeal. See also: https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/0D727D3A3724B95B852572AC00552A20
Also, here is the FL pro se appeals handbook to help guide you: http://prose.flabarappellate.org/default.asp
Customer: replied 6 months ago.
Hi...just to clarify....through the courts order of Motion to Strike I'm forbid from doing anything else (not impede the foreclosure process). So is that "can file your appeal within 30 days of the receipt of final order in the case" the final order in the case...OR...is their something else that would occur before I would file an appeal?Thank you
Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your reply.

No, that is the final order in the case ordering the foreclosure and that you cannot do anything further. If you do not have legal grounds for appeal though, they are going to deny your appeal. It is 30 days from the final order in the case, there is nothing else that would occur.

Customer: replied 6 months ago.
the Order was signed June 8, I filed Motion for Reconsideration June 27, the Court denied my Motion for Reconsideration on July 14th...what date do I need to file my appeal by?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
You had to file your notice of appeal from the date of the actual order as a motion for reconsideration does not toll the time to file an appeal.

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