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Roger
Roger, Attorney
Category: Legal
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THE FEDERAL APPELLATE RULE 3 SAYS I HAVE TO FILE A NOTICE OF

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THE FEDERAL APPELLATE RULE 3 SAYS I HAVE TO FILE A NOTICE OF APPEAL WITH THE DISTRICT COURT THAT DISMISSED MY CASE WITH PREDJUDICE.

RULE 28 TALKS ABOUT HOW TO WRITE A BRIEF FOR THE APPEAL.

IS THE NOTICE OF APPEAL A DIFFERNET THING THAN THE BRIEF DESCRIBED IN RULE 28?

IF THEY ARE DIFFFERENT DO I HAVE ANY TIME BETWEEN FILING THE NOTICE OF APPEAL AND SENDING A BRIEF (PRESUMABLEY THE BRIEF GOES TO THE CIRCUIT COURT.)

Kirk Adams : Hi - thanks for your question.
Kirk Adams : A notice of appeal is different.
Kirk Adams : The brief process is after the appeal begins with the appellate court.
Kirk Adams : Th
Kirk Adams : Here's a sample notice: http://www.ca2.uscourts.gov/clerk/forms_and_instructions/pdf/frapf1.pdf
Kirk Adams : You can use this form to get your notice drawn up
Kirk Adams : Once you file your notice of appeal, the appeals court will send out a briefing schedule for when your brief will be due.
Customer:

I want to give you a tip again for this latest answer. I hope you got the tip for the first answer.

Customer:

I hope you got my tip for your first answer today. I will try to tip you for the answer about the notice of appeal after I send you this next question. I'm not too good at navigating all the places on this web site.

Customer:

Section 1446 (b) (1) of U.S. code 28 refers.


"(1) The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter."

Kirk Adams : Understood! As long as you rate or accept the answer, I'll get credit. Tha is
Customer:

I will try to tip you again in a minute. Thanks. Mean while there is another issue. I filed a motion to remand my case to Florida civil court about a month ago. The federal judge never answered that issue. Can I bring it up in the brief?

Kirk Adams : 1446 is not relevant unless a state court action is transferred ("removed") to federal court.
Kirk Adams : You have 30 days to file a motion to remand. http://www.law.cornell.edu/uscode/text/28/1447
Kirk Adams : If your removal motion was timely and the court failed to address it, then you could mention that it was pending, but if no order was entered, then there's no ruling from which you can appeal.
Customer:

I will try to send you another tip in a minute. Thanks.


Mean while my next question is the district judge never responded to a motion I made a month ago. The motion was to remand the case back to Florid civil court.


In other words on appeal can I attack the direct issue that I feel the district courts dismissal itself with prejudice is not justified, and also raise a question that the federal court should have remanded the case to Florida court for two reasons. The district judge never replied yea or nay to my request to remand.

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