Appeals and Writs Flashcards
FJDOM entered on 1/2/21. Motion for rehearing denied 1/14/21. When must appeal be filed?
2/14/21 - 30 days from rendition.
Need to appeal, no record. What can you do?
Prepare ‘statement of evidence’ in 50 days, same time as record
TImeline for briefs/replies?
70, 30, 30.
Can you appeal an order bifurcating case?
Not immeidately
Can you appeal a TS order that doesn’t actually change anything?
Not immediatley
How do you know if something is an interlocutory or final appeal?
If it ends judicial labor on that issue. THink venue, jurisdiction, custody, validity of PNA
Generally, what do you file for a discovery issue in appellate court
Writ of cert, not appeal
What must be pled for stay?
Likelihood of success on the merits
AND
Likelihood of harm if no stay
You want temp appellate fees. What do you do and under what standard?
Motion in trial court
Need/ability
You want final appellate fees. What do you do and what is standard?
File in appellate court B4 reply brief
Need/ability
What is writ of mandamus used for and give examples.
Compel judge to do suff
Rule on motion in X time, set case for trial.
What is writ of certi and examples used for?
When lower court departs from essential requirements of law
-orders w/o BIC, requiring produciton of privileged docs, orders w/o notice, discovery issues, listing home for sale
What must you allege in writ of cerT?
Departed from essential requirements of law
AND
Irreparable harm
What is writ of prohibition and examples used for?
Keep lower court acting in jurisdiction
Review order denying motion to disqual
Issue writ of bodily attachment for GA resident (not in FL)
What must you plead w/ writ of mandamus?
Clear legal right
Indisputable legal duty
No adequate remedy at law
