Also...I quickly searched the Appellate Florida judges in your case. Both Judge WINOKUR and Judge NORDBY worked for the Attorney General at some point. Judge WINOKUR also was counsel to the GOVERNOR. I don't think they were going to give you a fair shot, since you are trying to hold both the Attorney General and Governor accountable. What is it that they want you to amend? (Is it the DEFENDANTS of the Attorney General and Governor in the caption?!)
To be honest, this may be a win without them saying it. Not totally sure yet. But if this allows me to amend my initial complaint in the trial court then it is a reverse and remand without saying it.
My initial complaint. If I am understanding this properly it is a win without them saying it because I can go back to the Circuit Court. Winning an appeal is when they reverse and remand back to the Circuit Court. They may be doing that without saying it. The Appellate Court is saying that you can not appeal unless the lower court says you can't amend your initial complaint. They did not affirm the lower court decision they are saying the case is still open at lower court. At least that is how I am understanding this at this point. So I will amend my initial complaint to include FLCRA etc. and file it and tr to get the summons. No I am suing in official capacity that does not matter if I won that would have automatically changed but now I will change that when I amend.
Yeah, I think you should amend your complaint, but I hope you saw my other comment about these Appellate Judges having worked for the Florida Attorney General, and one with the Governor. All of whom are defendants in your lawsuit.
I think they are saying that you appealed from a "non-appealable" Order. So, it seems like you can just re-file with your amendments, citing whatever Florida statutes/codes allow you to do so (I am in NYC, so the statutes are different here).
I know you sued the A.G. and Governor in their "official capacity", but, personally, I don't think it bodes well that these Appellate Judges have BOTH worked for the A.G. and one has worked for the Governor
On a positive note, if you have to appeal again, you may not get these judges. So, this was probably the best outcome.
Back to the lower court! THANK YOU for all you are doing and I know it isn't easy.
Hi Dr. Joe,
Also...I quickly searched the Appellate Florida judges in your case. Both Judge WINOKUR and Judge NORDBY worked for the Attorney General at some point. Judge WINOKUR also was counsel to the GOVERNOR. I don't think they were going to give you a fair shot, since you are trying to hold both the Attorney General and Governor accountable. What is it that they want you to amend? (Is it the DEFENDANTS of the Attorney General and Governor in the caption?!)
It's looking rigged to me.
I'm so sorry. This is very wrong.
I have great faith in your ability to figure out what to do next.
Thank you so much for trying to get justice.
To be honest, this may be a win without them saying it. Not totally sure yet. But if this allows me to amend my initial complaint in the trial court then it is a reverse and remand without saying it.
I sure hope for that!!!!
Can Dr. Lapado help you?
No. I am suing his boss...
I know the governor is. He can’t bc it would be a conflict of interest….?
Hi Dr. Joe,
Good effort! And, like you say, it may not be over...what would you be amending in the lower court?
My initial complaint. If I am understanding this properly it is a win without them saying it because I can go back to the Circuit Court. Winning an appeal is when they reverse and remand back to the Circuit Court. They may be doing that without saying it. The Appellate Court is saying that you can not appeal unless the lower court says you can't amend your initial complaint. They did not affirm the lower court decision they are saying the case is still open at lower court. At least that is how I am understanding this at this point. So I will amend my initial complaint to include FLCRA etc. and file it and tr to get the summons. No I am suing in official capacity that does not matter if I won that would have automatically changed but now I will change that when I amend.
Yeah, I think you should amend your complaint, but I hope you saw my other comment about these Appellate Judges having worked for the Florida Attorney General, and one with the Governor. All of whom are defendants in your lawsuit.
Yes, I did. They could have affirmed lower court decision but they did not. This is a way to side step the issue I suppose.
Hi Dr. Joe,
I think they are saying that you appealed from a "non-appealable" Order. So, it seems like you can just re-file with your amendments, citing whatever Florida statutes/codes allow you to do so (I am in NYC, so the statutes are different here).
I know you sued the A.G. and Governor in their "official capacity", but, personally, I don't think it bodes well that these Appellate Judges have BOTH worked for the A.G. and one has worked for the Governor
On a positive note, if you have to appeal again, you may not get these judges. So, this was probably the best outcome.
Back to the lower court! THANK YOU for all you are doing and I know it isn't easy.
I am on it. Yes the more I look at this it is a win.