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Ignorance of The Rules of Appellate Procedure Could Be Costly

Learning the rules of civil procedure and the rules of appellate procedure is crucial in winning a case. The rules of appellate procedure can be very tricky if not clearly understood. In a recent opinion from Florida 1st District Court of Appeals, a pro se litigant made a fatal mistake in calculating the time to file her notice of appeal. She failed to timely file her motion for reconsideration; which is ten days from the entry of the order or judgment. She thought that the motion for reconsideration would toll the time for appeal. Her assumption is correct had she timely filed her motion. However, since the motion for reconsideration was not timely, it had no effect in tolling the time for appeal. Since the appeal time was not tolled her filing of the notice of appeal was done more than thirty days from the final judgment and deemed untimely. The appeal court has no  jurisdiction to hear her case. The mistake cost her her appeal. If you're planning to file an appeal ensure that you are familiar with appellate practice.

Reader Comments (1)

I would like to know, what would you suggest a pro-active pro se litigant list as causes of action if they file a complaint due to mortgage seriver fraud? Our lender tried to keep us in default unlawfully, we sent QWR, Filed a complaint with CFPB and found out that while we were paying money to escrow for taxes and insurance, our homeowners insurance was canceled due to nonpayment.

March 5, 2014 | Unregistered CommenterMaryam Bennett

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