Headed for Appeals Court?

[Rldunc]

What is the name of your state? Florida
Hello all,
This is a continuation of "child support overpaid! Laches?" thread. Basically, I'm the custodial dad of 2 children, collecting CS from the biomom. I've been trying since March 02 to collect pastdue "medical" expenses, I'm looking for about $1500 in dental and ortho expenses. The hearing on 11-19 nailed down the medical doctor expenses, the only question left is whether "medical" can include "dental and ortho", which would entitle me to the $1500. (her 50% portion) The judge gave us 5 days to submit case law, I did that, and judge ruled in my favor. I'm entitled to recover 50% of the money I've already spent over the last 4 years. Today I get a Notice of Appeal from her attorney, I thought that was silly because it is probably costing my ex at least $1500 to do this appeal. Talk about not wanting to take care of your kids!

So my question is: Is it wise for me to continue pro se? I've done very well so far, stick to the facts, have documentation ready, and I know my case backwards and forwards. Is it worth spending big buck$ to hire a lawyer now? We're only fighting over $1500, after all. Is this the legal system running amok? Then again, I'd love to trounce this attorney AGAIN! By myself! This whole thing has made me want to be a paralegal or someone who helps people fill out paperwork and understand the system, because it's so scary when you start out, then it gets easy once you do it a few times.

Just think, if the 2d DCA takes the case, it could be a landmark case, cited in other cases. The facts are pretty clear, I think the lower court judge was very careful and did a good job.

If anybody has any thoughts, comments, questions, or encouragement, I'd love to hear it.

 

[njmom]

thoughts and encouragement...

I really don't know what else to say to you, other than, I would continue to go pro se, if you have done so well in the past. The case seems pretty cut and dry to me. If you have all of the documentation and proof, let her attorney do some explaining on her behalf! Good Luck and let us know how things go!

 

[kidoday]

I was told that an appeal must be precise in its filing.

After my stbx's ended up with custody his ex-wife she filed for an appeal. His attorney wouldn't even take the appeal on due to this fact.

I can't imagine your ex's attorney taking this job on. JMO

 

[jyoung]

I'm pro se awaiting an appellate decision, its doable. In order to win an appeal your ex would have to prove that the judge was either flat out wrong or abused his discretion. Discretion in family court is vast and judges have wide latitude, after all, they are the ones hearing the evidence and witnesses first hand.

heres a link or two for you to start, good luck to you. You can sign up with Westlaw for a free trial that will enable you to run searches of past case law in florida pertinent to your issues, just make sure you take advantage of the trial period, like take a few days off work and run your searches comprehensively.

Good luck

http://www.floridalawonline.net/

http://www.floridalawonline.net/courts.html#dca

http://www.2dca.org/december_02.htm

http://www.floridalawonline.net/courts.html#courtrules

 

[Rldunc]

Thanks kidoday, njmom, and jyoung,
I have used the westlaw free 2 week trial, twice actually, months apart. Very useful. I must have read 50 appeal cases, and I did see quite a few that were pro se vs attorney, where the pro se party won. So it must be doable. I received a "notice of appeal" where she is asking the 2d DCA Florida to "review" the judge's decision. So the appeals court may decide to not hear the case. From what little I know so far, I will have to write a "brief" explaining my position, it has to be very precise and well thought out. It must be double spaced, 1 inch margins, 12pt Times New Roman or 14pt Courier font and needs a "certificate of font" where you certify the font is correct. Less than 50 pages long. No new evidence or testimony? just what is already there. 20 minute each side oral argument in front of three judges. I'd like that, love to talk. Used to scare me to death, going to court. I can't imagine them overturning judge's decision, because I cited Sulman v Sulman and Bertram v Bertram, which state pretty clearly that medical can be taken to mean the "whole child", medically, dentally, psychologically. Plus the ex knew about the braces, knew it was needed, there's no argument there. She just refuses to pay! She has hired another lawyer to handle the appeal, and they haven't asked for attorney's fees and costs, yet. I don't think they can, because they're bringing the appeal. I saw many cases where fees were asked for, but not granted. Well, this may take months to develop. Thanks again for the links and support!