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-   -   Civil, Employment law, Appeals (https://www.askmehelpdesk.com/showthread.php?t=806308)

  • Dec 29, 2014, 09:31 AM
    trish911msmm
    Civil, Employment law, Appeals
    I had a prior case where I Had no choice but to represent myself Pro Se' after a former attorney repetitiously intervened with potential new council coming aboard. I finally found an attorney whom one month in and receiving a "refundable retainer" as per a receipt he wrote, "never sent a retainers agreement, and reiterated "oh by the way, I used to work with opposing counsel at the same law firm" but did consistently ask for more money for 6+ months after filing an appeal in the second DCA of FL. and "Untimely filed".

    Can I file for appeal on the court level since my 202 pages submitted with proper statutes to VACATE, MODIFY OR CORRECT an AWARD were blatantly ignored? And/or do I need to file a legal malpractice suit against the former attorneys? PLEASE HELP.
  • Dec 29, 2014, 10:47 AM
    joypulv
    Can't make head nor tail of this.
    Prior case - were you the defendant? Someone won an award against you, something to do with employment?
    And you wanted to appeal the award?
    Aside from 202 pages mentioning the statutes involved, did you appeal using the correct FORMAT?
    And to whom did you submit them - not sure, after you ask if you can appeal at the 'court level.' What other level is there?
    As for the attorney you gave a refundable retainer to, for which you have a receipt, did you perhaps use up that attorney's time with calls and letters, after the period in which the retainer was refundable?

    Your story needs to have a beginning, middle, and end.
  • Dec 29, 2014, 11:12 AM
    AK lawyer
    Quote:

    Originally Posted by joypulv
    Can't make head nor tail of this.

    I can't either.

    Trish, you attempted to appeal some sort of decision to the 2nd DCA in Florida. You mention "prior case"; is this the case you tried to appeal, or another case?

    By "court level", do you mean trial court level? And please clarify about the "... former attorney [who] repetitiously intervened... ". To intervene is to seek to become a party (not an attorney for a party) in an ongoing case. Did this attorney represent you, or some other party? What did this attorney do (or not do) on your behalf?
  • Dec 29, 2014, 10:19 PM
    Fr_Chuck
    If the paper work you submitted, was done correctly, (often including the correct font) and that may be grounds for an appeal, but you will have to show, it was filed on time, all the filing done correctly, accepted by the clerk, and not ruled on by the judge. Not really something you can do, without an attorney

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