Legal Question in Appeals and Writs in Florida

I have just received a decision from the 2nd district court of appeals in Florida. I was wondering if l can file a Motion to reconsider on certain parts of the decision or does go back down to the lower court because the appeals court affirmed in part, reversed in part, and remanded.

There are parts in the desicion from the appeals court that states without merit and we affirm the final judgement as it relates to those 3 issues without further comment. Do they not have to tell you why they came to that desicion. I also do not want to discouraged them and take away other issues that have asked to be reversed. It does not make sense why they did y and z if they contain the same issue when relating to full faith and credit.

I see rule 9.330 for rehearing (l did not have oral arguments at the appellate level). I do not see rule for reconsideration at the appellate level?

I believe l have 10 days to file a motion to the appeals court so l would appreciate an answer quickly.

Thank you

Jul


Asked on 8/23/10, 6:19 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

If the court stated that your argument is "without merit", then that is the reason that the court affirmed that part of the decision from of lower court. The COA agreed with the other party's argument, and the reasoning of the trial court.

As for rehearing, an appellate attorney can apply the law to the facts of your case after reviewing the lower court's decision, the COA opinion, and the briefs filed by the parties.

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Answered on 8/28/10, 11:02 am


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