Pending Appeal - Need to file Emerg.Motion

[floridacourts]

I have an appellate lawyer who has caused a great deal of financial hardship due to her unwillingness to file an EMERGENCY MOTION FOR FINANCIAL RELIEF and/or Support and/or Attorneys Fees Pending Appeal.

1. My former husband fraudulently stole every single dime;
2. The lower court Judge was sickened and wanted to rule in my favor but his hands are tied due to pending appeal and jurisdiction.
3. I am disabled and indigent although I it happened overnight as I was very well off just months ago-prior to a FINAL JUDGMENT from an arrogant misled Judge of whom I since had recused.
4. My appeal lawyer refuses to file emergency relief pending appeal for any relief, including attorneys fees, etc...She states that "I am only hired to do your brief and nothing more."
5. The problem - AS A PRO SE IN THE LOWER COURT, BUT REPRESENTED IN THE 4TH DCA, how do I file this motion in the 4th DCA with a counsel of record on file WITHOUT HER?
6. Is it an appellate lawyers responsibility to seek relief under emergent terms for a client who has NO OTHER LOWER COURT RECOURSE while appeal is pending? (I am on medication and have been denied the ability to relief disability symptoms).
7. Due to this attorney's delays, my home, car, insurance, and any ability to sustain even one day of self-support has been eliminated. She was asked to file this relief on day one, then gave me the run-around by telling me to file it with the lower court, even after the LOWER COURT denied motion because he legally is correct in that he has NO JURISDICTION and the 4th DCA does! (Lower court ruled without prejudice hoping that I would find a way back into the court so that he could rule with proper justice, seeing the obvious scam of the o/c and corrupted ex-husband).What is the name of your state (only U.S. law)?

 

[Ronin]

If your appellate attorney believed such an emergency motion would be granted, she would probably have filed it. As an appellate attorney, she surely understands the law and the 4th DCA well, and what can and cannot be done in that court.
Attorneys have a responsibility to not file motions that they believe do not have merit, regardless of how their clients feel about it or insist upon it. Appeals courts are very intolerant of frivolous motions. If your attorney filed a motion that clearly has no chance of success, that would be deemed frivolous. She could be sanctioned by the court of appeals, and you charged the attorney fees of the other side in defending against this motion.

Given you represented yourself in the lower court, your appellate attorney is surely feeling challenged in preparing a brief, since it is highly likely you made procedural errors that may not be able to be overcome on appeal. If this is so, then no matter badly the appeals court may feel about your case, they will be forced to allow the lower court ruling to stand.

If you attempt to bypass your attorney, not only will this guarantee rejection of your motion by the appeals court, your attorney may decide to no longer represent you.

Hopefully things will work out for the best in the end...