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Monday, January 7, 2013

GUIDE TO THE APPEAL POSTS

In Florida, an appeal is comprised basically of "the record" and briefs filed by each party. The record is all documents that were filed with the trial court (i.e., motions, notices, evidence, etc.) and transcripts of all hearings (at least, those that were recorded/transcribed).  Oral argument in front of the judges may be requested, and the appellate court may allow it.  (I did not request oral argument because I would place my life in jeopardy if I traveled to Florida and my ex-husband knew where I would be at a given time.)

The person who files the appeal is called the "Appellant."  The other party is called the "Appellee." The Appellant has the right to file an Initial Brief of 50 pages or less.  The Brief must reference the record, not contain anything that is not in the record, and it must consist of specific sections.  The Appellee also has the right to file an Answer Brief of 50 pages or less, which contains the same sections (but the Appellee generally creates a Counterstatement to Appellant's Statement).  Finally, the Appellant has the right, if desired, to have the last word in a Reply Brief.  It can not be longer than 15 pages, and can only rebut points made by Appellee in its Answer Brief.  It can not introduce any new points.

An Amicus Curiae (Latin for "friend of the court") is someone who is not a party to a case but offers information that bears on the case and which may assist the court in making its rulings. This usually takes the form of an Amicus Brief, which introduces concerns regarding the legal effects of the court's decision, and how it may affect other parties -- not just the parties to the case.   In my case, the Secretary of State of Maryland, through the Maryland Attorney General, has become involved as Amicus Curiae and filed an Amicus Brief.


For a quick summary of the case and its importance, read:  Brief Summary of the Case
To learn why it's a landmark case, read: A landmark case that will set a legal precedent

THE APPELLATE BRIEFS

My Initial Brief (in full)  (coming soon)
His Answer Brief (in full)
My Reply Brief (in full)
Maryland's Amicus Brief (in full)

Grouped By Sections:
To make the briefs easier to read, I've divided up the sections of the briefs and grouped them together as individual posts for each section of the three briefs.  First, there's a section from my Initial Brief, followed by that section from his Answer Brief, and, finally, that section from my Reply Brief.  Instead of separating each of the Initial Brief's and Answer Brief's Summary of the Arguments sections, I've added them into each Issue section with a subheading of "Summary".

In addition, I've added Maryland's Amicus Brief which is summarized HERE.  And, my thoughts on his Reply Brief are HERE.

STATEMENT OF THE CASE AND FACTS

My Statement of the Case and Facts from my Initial Brief.
His Counterstatement of the Case and Facts from his Answer Brief.
My Reply Brief's mention of his Counterstatement from my Reply Brief.

THE ISSUES:  My appeal consists of four issues:

I.  DENIAL OF MY MOTION FOR PROTECTIVE ORDER (seeking protection of my home address, employer name and address and name of domestic violence agency)

My First Issue from my Initial Brief.
His Answer on this Issue from his Answer Brief.
My Reply on this Issue from my Reply Brief.
Maryland's points supporting this issue.


II.  STRIKING MY PLEADINGS

My Second Issue from my Initial Brief.
His Answer on this Issue from his Answer Brief.
My Reply on this Issue from my Reply Brief.


III.  AWARDING SANCTIONS (attorney's fees and costs) I COULD NOT AFFORD TO PAY

My Third Issue from my Initial Brief.
His Answer on this Issue from his Answer Brief.
My Reply on this Issue from my Reply Brief.


IV.  LACK OF EQUITABLE DISTRIBUTION AND HIS FRAUD ON THE COURT

My Fourth Issue from my Initial Brief.
His Answer on this Issue from his Answer Brief.
My Reply on this Issue from my Reply Brief.

CONCLUSIONS

Conclusions:  All in one post -- my conclusion from my Initial Brief, his from his Answer Brief, and my second conclusion from my Reply Brief.

NOTE:  In the briefs, the record is referenced as 1 R. [page no.] or 2 R. [page no.] and the transcripts of hearings are referenced as 1 Tr. [page no.], etc., etc.  (There are only 5 transcripts that were recorded in my case.)

(50 or 15 pages may sound like a lot.  But the briefs must be in 14 pt font size, double-spaced, and with 1 inch margins all around (left, right, top, center).  In a normal font, single-spaced, they are much much shorter!)

MARYLAND'S AMICUS BRIEF

Maryland's Brief in support of my First Argument.


The State of Maryland's Involvement

I was accepted to and participate in Maryland's Address Confidentiality Program.  Read about their efforts to help in this appeal HERE, and read their letter to the Appellate Court HERE.  Maryland has now been granted leave to file as an Amicus Curiae (friend of the court) and has filed an Amicus Brief which can be read HERE.