Rule 3.840(g): can the defendant raise any errors committed by the trial court?

[daniel78]

Yes sir, that is true.
Now I understood where I stands. I will contact an attorney to mitigate the sentencing part.

Thanks again.

 

[quincy]

Yes sir, that is true.
Now I understood where I stands. I will contact an attorney to mitigate the sentencing part.

Thanks again.

You're welcome, daniel78. I appreciate the thanks - and your politeness throughout this thread.

Good luck.

 

[daniel78]

thanks again sir, appreciate all the help provided.

 

[daniel78]

This matter is regarding property dispute with my ex. While preparing my brief in that matter, I cited minority opinion (from 2nd DCA) “concurring in part and dissenting in part” in the standard of review but I did not specify as such.



That is, I cited it as, e.g., James v. Charles 23 So 2d. 798 (Fla. 2d DCA 2010) in my standard of review although it should be cited as James v. Charles 23 So 2d. 798 (Fla. 2d DCA 2010) (Bright, A.R., concurring in part and dissenting in part), as per Rule 9.800(p). In fact, this case law I cited was borrowed (i.e., referenced/quoted) from an existing case law that was rendered long ago by 3rd DCA. That is, the judge rendered the above minority opinion did not create that case law on his own but he directly used from an existing case law, by referring/quoting it. Also the majority judges (in the case law which I cited) did not provide any case law (or any statement) which may negate the case law that I cited.


Rule 9.800(p) states about Bluebook but I did not have access to it and I did not even know those details or their importance, minority opinion, etc. when I prepared the brief.


Now, while reading Florida Bar Journal “Citation Form: Keeping Up with the Times”

Vol. 81, No. 1 January 2007 Pg 23 at https://www.floridabar.org/the-florida-bar-journal/citation-form-keeping-up-with-the-times/, it states: Weight of Authority & Explanatory Parentheticals — To add information to a citation indicating the weight of authority, such as when citing a concurring or dissenting opinion, always include a parenthetical, such as (Lewis, C.J., dissenting).



I filed the above mentioned brief long ago. My ex also filed the brief but did not say anything about this citation matter in my brief. Nothing more is left over except for the DCA to review the briefs and render its decision.



I wish to know your opinion on what I can do at this stage. Also please provide your feedback on whether this is a serious enough mistake due to which the DCA may strike/dismiss my brief?



I saw some final judgments rendered by DCAs in Florida which did not cite a case law as such although they are citing a case law exclusively from minority concurring opinion only. Rule 9.800 also says several things such as, e.g., second DCA should be cited as 2d DCA but not 2nd DCA, and I have seen several successful briefs violating these rules but no action was taken on them. Please note that I am not supporting my unintentional mistake but just providing you additional information.

 

[daniel78]

Florida Rule 3.840(f) on indirect criminal contempt procedure: “Verdict; Judgment. At the conclusion of the hearing the judge shall sign and enter of record a judgment of guilty or not guilty...”

Also, case law (not provided here) states that any violation of 3.840 is a fundamental and reversible error.

However, the judgment against my old parents, in favor of my ex, was signed and entered almost a month after the hearing was over.
My question is: If my parents win an appeal from that judgment then what kind of remedy the appeals court provide? Will it order the lower court to conduct another hearing then enter the judgment at the conclusion of the hearing that follow the specifications of 3.840(f) or will it order the lower court to simply enter a judgment now as if it was entered at that time, or what else it will order? The lower court provided a judgment against my parents and they just filed a notice of appeal and wish to challenge based on 3.840(f) violation.

If the lower court conducts a fresh hearing, can my parents raise issues which they failed to do earlier (this time, they will have attorney)? If the lower court simply enters a judgment now as if it was entered in the past at the right time, can my parents file for rehearing (to preserve arguments for appeal) and if necessary another appeal after that? I read https://casetext.com/case/state-v-wood-12 but still I have no clue.

 

[quincy]

No sir, it is about child custody and education related battle with my ex.

What do your parents have to do with the child custody and education matter between you and your ex?

Have you spoken to an attorney yet, as earlier advised?

 

[daniel78]

Thank you sir again. Ex complained that my parents tried to visit ex house to see grand child in violation of order.

I talked to an attorney (not retained any) on hourly basis as I could not afford a fulltime one right now and he said that the trial court CLEARLY made a fundamental error on 3.840(f). However, he was unable to tell what kind of exact order it can provide to trial court, etc.

 

[quincy]

You say your parents have/will have an attorney. Good. They need to rely on their attorney's advice and direction.

You appear to need an attorney now, too, as you seem to be floundering. I don't see that you will get the help you need from a forum. Sorry.

 

[daniel78]

Thank you sir, I understood it is not an easy one to answer in forum. I appreciate the responses you already provided.
This forum is very useful and friendly though.