Quick! Move for a new trial on new evidence

Posted by begoodorelse (172.132.135.146) on April 22, 2004 at 14:19:27:

In Reply to: Is it wise to go ahead and appeal ? posted by Worried_in_Florida on April 19, 2004 at 21:22:23:

Don't have time to look up the Fla Rules of Civ Pro, but there will be one about moving for new trial or to vacate the judgment on newly discovered evidence. If it is out of SOL according to your new evidence, then it doesn't matter if you owed it. Now you have a complete defense.

BUT FIRST MOVE FOR NEW TRIAL BEFORE APPEALING. I believe you have only 10 days from entry of judgment (which would be the day you were in court, in this case) to make this motion, and then that will kill the 30-day appeal clock, which will start running after your motion is decided. THEN appeal THAT decision if it goes against you. At this point if you just file a notice of appeal without trying to get the new evidence into the trial court, you probably won't be able to supplement the record on appeal. If you're in County Court, your appeal is to the Circuit Court, and in Circuit Court, to the District Court of Appeal.

Get a Florida lawyer if you can, and come to think of it, I might could help you since I am a Florida lawyer too, and used to do appeals a lot, although it wouldn't be free. I do take stuff in trade sometimes!

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