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  #1  
Old 02-03-2005, 11:52 PM
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Nemesis Nemesis is offline
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Default If appeal court refuses to write an opinion, is that the end?

Hi I am hoping someone can help me with this. My husbands appeal was denied, the court of appeals just said that there was no reversable error in the lower courts decision. However, we did include a lot of relevant case law to back up our claims. Our attorney then filed a motion for a rehearing of the oral argument and/or a written opinion. They refused both. He now tells me that because they will not give us a written opinion that we cannot take it to the Supreme Court. I cant believe this because I believe the court of appeals is absolutely wrong, the case law that we provided is identical to what we are claiming in our motion and it is relevant (as it is Florida Supreme Court case law). Does anybody know of anyway around this? Please reply or PM me. Thanks for your help.
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Old 02-04-2005, 08:35 AM
haswtch haswtch is offline
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I don't have an answer but somebody around here must know something- I just wanted to wish you luck and say thank you for all the wonderful information you bring to the forum. Oh, mayby try the National Association of Criminal Defense Lawyers for the question, now that I think of it? they have a website and a DC phone number. Good luck. Hugs.
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Old 02-04-2005, 10:24 AM
Morrigan68 Morrigan68 is offline
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The answer is yes...and no. You can appeal to the Supreme Court of Florida, but that appeal can only be based on some violation of the Constitution of Florida, not on any case-related matter. Most appeals from the District Court of Appeals to the Supreme Court are denied outright.
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Old 02-06-2005, 04:27 PM
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Thanks for your suggestions. I will check the NACD website and I guess I can try to check the FLorida constitution. I think it may actually be relevant. It is kind of confusing but I will get there, you know what they say, where there's a will there's a way. Thank you for taking the time to answer this.
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