Legal Question in Real Estate Law in Florida
We won an unlawful detainer case against my deceased brothers widow who has refused to leave a house owned by my mother. She is niw going to appeal even though she has no case. We found that shes been arrested seven times using three different names. At the appelate trial can we ask that the case be dismissed due to a lack if proven verifiable identity on her part?
2 Answers from Attorneys
That is not relevant at this time. If she did not obtain a stay the lower court order should be processed by the Sheriff.
An appeal challenges the lower court ruling based on the facts in that record. You cannot introduce new facts to the appellate court without specific permission. There is no trial at the appellate level. The matters are briefed and the Court can decide or deny a request for oral argument. Mr Slater is correct about the status of the underlying judgment.
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