Should I file appeal


Should I file an appeal even though I think the Florida judge might change the decision in the near future?

Yes, in most cases.  Unless the deadline to appeal has been “tolled” (more on that here), you need to file a notice of appeal by the deadline or you lose your right to appeal. 

You should know that there is a procedure that allows you to file a notice of appeal but still allow the trial judge to fix their decision so that an appeal is ultimately unnecessary.  This process is more applicable with appeals of non-final orders than appeals of final orders.  Once the notice of appeal is filed, you can file a motion with the appellate court seeking to “remand jurisdiction” back to the trial court for a particular issue.  In most cases, requests to remand jurisdiction are granted.  An advantage of using this process when appropriate is that it gets the trial judge’s attention.  If the trial judge knows you have already filed a notice of appeal, they are typically going to pay closer attention to your argument as to why their order should be changed

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