Florida Sample Brief - Injunction

State:
Multi-State
Control #:
US-01010
Format:
Word; 
Rich Text
Instant download

Description

This is a sample summary of the argument and argument section of a brief regarding an injunction against action to foreclose on a deed of trust. Modify to fit your facts. Check for compliance with local court rules.
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FAQ

Civil restraining orders cannot be expunged because they are civil actions, not criminal. They will therefore remain on your criminal record. Still, you can request to have the conditions modified or to have the injunction removed.

The reply brief shall contain argument in response and rebuttal to argument presented in the answer brief. A table of contents, a table of citations, a certificate of service, and, for computer-generated briefs, a certificate of compliance shall be included in the same manner as in the initial brief.

An appeal brief is an optional written document where the parties explain to the EEOC Office of Federal Operations why a federal agency or EEOC Administrative Judge made a mistake or decided the case correctly in an earlier decision.

How much time do I have to file a notice of appeal? Thirty days from the date the order you are appealing is filed in the lower tribunal or court or thirty days from the date an order on a motion tolling the time to appeal is filed. See Florida Rules of Appellate Procedure 9.020(h).

You can file motions with the court. You can threaten sanctions against the other party (if their claims or defenses are not based on evidence or made in bad faith). You can file interrogatories. You can take the case to trial and beat the injunction on legal technicalities.

What Are the Steps in the Appeal Process? The first step is to file a notice of appeal: The second step will be for your lawyer to obtain a record on appeal from the trial court clerk: The third step is to prepare the initial brief and file it: The fourth step is awaiting the answer brief:

The initial brief is the first brief. It is filed by the appellant who filed the appeal. The appellant's initial brief is due within 70 days after filing the notice of appeal.

In order to appeal an injunction, you will have to hire a private attorney to file a notice of appeal. To prepare the appellate brief, the attorney will need the full transcription of the hearing or trial. That transcription can be expensive, depending on how long the hearing or trial lasted.

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Florida Sample Brief - Injunction