Ask Experts Questions for FREE Help !
Ask
    trish911msmm's Avatar
    trish911msmm Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 29, 2014, 09:31 AM
    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.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #2

    Dec 29, 2014, 10:47 AM
    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    Dec 29, 2014, 11:12 AM
    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?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Dec 29, 2014, 10:19 PM
    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

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Employment law [ 11 Answers ]

My 24 year old son was recently fired from his job as head bartender at a nationwide chain restaurant. He was fired for not checking the ID of a customer who turned out to be a secret shopper. This customer was a 30 year old woman who was dressed in a business suit and ordered a glass of wine....

Sequence of events during appeals process? (For civil action in small claims court) [ 5 Answers ]

Hi, My dad was sued in small claims court in Pennsylvania for an amount under $6,000. Each side presented their case before the judge. The judge ruled in favor of the plaintiff. I thought my dad didn't present the case well, so we appealed. The plaintiff had 20 days to respond to an our...

Employment Law regarding employment applications [ 2 Answers ]

I know that employers can ask on their applications if you have ever been convicted of a felony, but I ran into one the other day that asked "Have you ever been convicted of a felony in the last 7 years?" Just wondering why the 7 years.

Are deleted emails saved by email companies for law enforcement or civil law [ 5 Answers ]

I heard that Google keeps your searches (by IP address) for six months or more, Microsoft a year and a half! So I got to thinking about emails. Text is trivially small to store and never delete. And with memory only becoming cheaper and more expansive, the downside for keeping information will...

Employment Law [ 1 Answers ]

I live in AZ, a right to work state. I need to know if I earned 2 weeks vacation but quit am I still entitled to receive that money?


View more questions Search