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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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I did a motion for recuse, it was denied, how can I appealed

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I did a motion for recuse, it was denied, how can I appealed it

dkennedy :


dkennedy :

You have a file an appeal of an order, which is not a final order on the case. It is called an interlocutory appeal. I will try to find an example of one if you would like, although it may not be a Florida order, it would be similar in every state. It is sort of a "middle of the case" appeal. Can you tell me if it is a criminal or civil case?

dkennedy :

I'm going offline for a short while, but will check back soon to see if you are back online to reply to my question.

Customer: Civil case. ( divorce), the judge just took over from another judge
dkennedy :

Thank you for that information. I'll see if I can find a sample interlocutory appeal notice.

dkennedy :

Here is a sample interlocutory appeal for the state of Delaware, but just put your own information in (state, case number, parties) and of course your own personal reasons for the recusal in other words, what you are appealing, and you will have a very good document.

Customer: Where to file this document, in the office office I filled my motion , or different office , different court. Thanks

You file this is the same place your had your court.


Customer: replied 4 years ago.
If I file this with the same office with I file all my document , it will go to the same judge that I he deny my recusal ?
Or it will be directed to a different judge? Also in the form the appellee is the judge name? I mean my wife name will not be in the form even that is a divorce case?
You file it, but it goes to the higher court naturally. Do not put the judge's name as appellee. You use the same parties and same case number XXXXX the other case documents. The judge is not one of the parties, he is the fact-finder and it is his ruling that you are appealing, you are not drawing him in as a party to the action.
dkennedy and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
I have another question
In my divorce case, I have a house , my wife never worked , the house my be have an equity 30 k still have a mortgage 200k the loan in my name only I am the one of course was pay the loan ( 9 years so far) I like to keep the house.... What usually the judge pint of view on that
Usually they consider a house purchased during the marriage as belonging to both parties, but of course, if she cannot afford to live there, the court would certainly look at that aspect. I usually tell people to get a couple of estimates on the house and present a low estimate with little equity. Lets say you owe 200K, maybe you could get an estimate for that. No equity, no sharing with anyone, If you maintain you have several thousand in equity, you may have to pay her off part of that.
Customer: replied 4 years ago.
My wife never worked , she had a degree in accounting (bachelor ) what would a reasonable imputed income I ask for to be cosider

In 2010, the U.S. Department of Labor gave out this information--


Customer: replied 4 years ago.
My wife asking the judgeto stay In The house and I pay the mortgage , tax insurance and association fee what is the chance to get that, the labor department average salary , will be consider by the judge ,I think he will impute less as she have no experience and never worked
Well that is the median salary as the government says, kind of a "middle of the road" salary. There are always jobs for accountants. And it would be highly unlikely that she would be awarded the house while you have to pay the mortgage. In a case like this, the marriage has been long and your wife is older, they may give her a few years of "rehabilitative" spousal support while she refreshes her education or gets a paying job. Just remember, she can ask for anything, that doesn't mean she has a chance of getting it.
dkennedy and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
I appealed the judge decision to Deny motion to recuse h self, how can I stop him from further proceeding, he just came to the case lady week and set it up for trial in 2 months
The case will keep "moving" until the appeal is considered, or stopped by the higher court. You can ask for a continuance due to the appeal still being considered.
Customer: replied 4 years ago.
I am not not sure , what you mean I can ask for continuance , my thing, I want the stop the proceeding of the case , like he can not look at any motion till the appeal consider , is there is any thing I can do in the mean time
The appeal is all. I know you want the judge off the case, but asking for everything to continue and you, yourself, holding back from filing any motions for him to look at is all that you can do at this point. If he rules on a Motion against you, file a Motion to Reconsider his order. delay, delay, delay
Customer: replied 4 years ago.
Now to my divorce case,
I am making 150k , she none, I have a debt of 40k on credit card, also I paid 40k a lawyer fee, she ooh my credit card in the beginning of the case and pay 15 k, 90% of the motion and legal action was her action, how is that would split, I heard , because she does not have money either working I won't get money back, but I want to use that debt whatever I can get as credit to buy her share from the house if there is equity
Your idea is a very credible argument for the equity in the house. Even if she isn't working, if she is not disabled, or really old, the court will assume she CAN work and will not just award her straight equity with no bills, etc. One would often off-set the other just as you said.
Customer: replied 4 years ago.
I am 45 years old she 39 she got a degree in accounting
Little chance of spousal support, unless it is for a very very short time. She is of an age and I assume healthy enough to get a good job. It's not like she's 55 trying to re-enter the workforce or without any education or anything. Your income will be taken into account, of course and there's no getting around it. You'll get the bills, but like you said, the equity in the house could be very little in this market and the payments high. She can't claim poverty on one hand and want to live in an expensive house on the other.
dkennedy and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
I will ask for 50% kids custody , rehabilitative alimony 2 years 700 dollars and then drop for to 350 for additional 2 years , imputed income for her 5k based on labor department
Will that sound reasonable ?
That sounds very reasonable to me. I posted an answer already but it must not have "taken." She is of an age to get a good job in that amount of time with a good salary. It sounds very fair.
dkennedy and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
My wife claim she browed money from. A friend 15K , but she never use any of this money in the house , I was paying every thing, how is that will sound in the court?
That's a common scam in divorces. That way you get stuck with the credit card or other debt and she "owes the friend" debt, so that's what she gets awarded as debt. It often happens that one party says they "borrowed" a fortune from their parents and they will assume that debt and the other one can take the rest of the debt. it's the same scam. Expose it as such in court.
dkennedy and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
How usually the attorney fees allocated
Customer: replied 4 years ago.
How I can buy her out , let say , I ended up owe her 10k after I got the house , but I do not have the fund available now