Appeal

[floridadad630]

Soc,
I was going to wait but since your going to out this month I thought I'd ask now (Appeal is on the 18th).

If I lose in my appeal how do you recommend I proceed: Fla Supreme Court or Federal Court?

How would I file in Federal Court and you aware of any time constraints?

Thanks again,
Doug

[socrateaser]

>If I lose in my appeal how do you recommend I proceed: Fla
>Supreme Court or Federal Court?

No appeal lies from a state appellate court to a federal appellate court. You must first appeal to FL's highest court, and then, if you lose, your next, and last, appeal would be to the U.S. Supreme Court, assuming that there is a "federal question" (i.e., a question of federal statutory or constitutional interpretation), that would give the highest court jurisdiction.

In order to obtain lower federal appellate court jurisdiction, you would have had to file first in a federal district court, or, if you are the defendant/respondent in an action, ask the federal district court to intercede (called "removal"). And, to gain a removal, once again, you would have needed a "federal question."

Unfortunately, it is the position of the federal courts, that federal courts will not get involved in matters that were intended by the framers of the constitution to be determined by the individual states, notably criminal and domestic relations law, even if there is a federal question, unless and until the state appellate process is first exhausted.

So, there's the background, and a big reason why family law is so abusive to the rights of the parties.