Brittany B. asked
I hired a lawyer to represent me in a circuit civil court case. I signed a retainer, but later, due to excessive fee issues, he agreed not to take a percentage if I settled the case. He screwed up my case, and I ended up settling. I filed for Chapter 7 bankruptcy, listing him as a creditor, and received a discharge. When he refused to release my settlement, I filed a bankruptcy adversary case. The trustee allowed me to keep my settlement. During the bankruptcy adversary proceeding, the lawyer filed a Motion to Compel in the circuit court, claiming he had a valid lien, which was perjury. The bankruptcy judge acknowledged the perjury and advised me to go back to the circuit court for sanctions. I filed a motion to vacate the order for fraud and perjury, which was denied. I appealed to the Florida 4DCA for both the Motion to Compel and the motion to vacate. The Appellate Court gave me 10 days to file a brief explaining why they have jurisdiction over the lawyer's Motion to Compel, as my notice of appeal was not timely filed. How can I justify my appeal's timeliness, and is there any case law to support my position?
March 29th, 2023
Cynthia S. answered
To justify your appeal's timeliness, you can argue that the Order granting the lawyer's Motion to Co...
March 29th, 2023
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