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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
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Experience:  Attorney
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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.


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 ?



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.


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 3 years 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 ?

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 3 years 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 ?

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: 30168
Experience: Attorney
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