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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 2959
Experience:  Civil litigation attorney for individuals and businesses.
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Does the petitioner of an appeal have to prove anything to

Resolved Question:

Does the petitioner of an appeal have to prove anything to the court before the court moves forward with the appeal. In other words, my ex is appealing the judgment and it was a pretty tight case. Can the court throw out the appeal? Or do I have to find the funds to pay for my attorney to represent me in the appeal? Also, it there a time limit on filing the appeal after the final judgment? It was filed around 37 days after....Thank you!
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, so long as the petitioner is following the proper procedure, they have a right to appeal a lower court decision. You will need to find an attorney, or prepare yourself to defend the appeal. There is a strict deadline on filing an appeal. You do not identify which state you are in, but by way of example, California has a 60 day deadline to file an appeal. If you do not file within this time, the Court loses jurisdiction and you can no longer appeal your case.

William B. Esq. :

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

Expert:  William B. Esq. replied 1 year ago.
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Customer: replied 1 year ago.


I am in Florida.I'm hoping it is a 30 day period.


My question is... is there a period of time when the court examines the petitioners argument and trial transcript before moving forward? Can the court deem the appeal is invalid before going to trial? Also, is there a period of time when the court is reviewing trial transcripts where I do not need representation? If our divorce was a 2 day trial, does that make the appeal process a trial as well?

Expert:  William B. Esq. replied 1 year ago.
Florida has a 30 day period (you can learn more appellate procedure and timing information beginning at the Court's website, here is the link to the Florida's 5th DCA: http://www.5dca.org/faq.shtml).

Unless you can win a motion to dismiss the appeal (for instance on the ground that it was filed untimely - you will need to review your case and the rules of appellate procedure in order to confirm that this appeal was in fact untimely), there is no way to have the Court "preview" a case on appeal.

An appeal is not a trial court process. A person can appeal a trial court decision based on (1) an alleged improper application of the law - saying the lower court judge misunderstood or misapplied the existing law; or (2) an alleged error in the court procedure - meaning the judge admitted evidence he should have excluded for example. The appellate court will not decide the matter over again, it will only look for those types of errors if they are brought on appeal.

Certain types of issues are redecided on appeal, but they deal strictly with application of the law, the appellate court will not examine evidence, or hear testimony from witnesses.
Customer: replied 1 year ago.

Thank you very much for your help!


To clarify what you mentioned earlier regarding the timeline of the filing of an appeal, are these days business days or calendar days? The final Judgment was issued on May 21 and the appeal was filed on June 28.

Expert:  William B. Esq. replied 1 year ago.
It is 30 calendar days.

I also found a link that may be helpful to you. The Florida Bar Association published a guide to assist "pro per" litigants on appeal matters, you can find it here: http://prose.flabarappellate.org/pdf/ProSe_English_May09.pdf
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 2959
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much!!!


Happy 4th!

Expert:  William B. Esq. replied 1 year ago.
Thank you very much, and the same to you.

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

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