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 Roger Your Own Question

Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26600
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Legal Question Here...
Roger is online now
A new question is answered every 9 seconds

THE FEDERAL APPELLATE RULE 3 SAYS I HAVE TO FILE A NOTICE OF

Resolved Question:

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.)
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

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.

Roger, Attorney
Category: Legal
Satisfied Customers: 26600
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 8 other Legal 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
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • 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:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.