Do You Need a New Attorney in an Appeal?
Why Hire an Appeals Lawyer? You Need a Fresh Set of Eyes, Clear Slate to Assess Case Hi I’m Eric Lanigan of Lanigan and Lanigan in Winter Park, Florida. I and my son Roddy do appeals cases, appeals work in Florida and we’re often asked: “why would I hire an appellate lawyer vs. just having my trial lawyer handle the appeal?” First of all if you’ve got a trial lawyer who understands the distinctions between appeals and trial work and the different style and methodology behind it, the answer is probably not. Trial Lawyers May Focus on Past Issues One compelling argument which is often made which I think has a lot of merit is that the trial lawyer tends to be continuously focused on the same things. Whereas someone who’s going to come in and do the appeal brings in a fresh perspective and is not tied up in the minutia in what went on at the trial court level and so he can bring a fresh perspective and may see errors that occurred that the trial lawyer doesn’t at first recognize because they’re so focused on the things that to them were in error by the trial court. So it’s a fresh set of eyes to review the case and to look for errors by the trial court. Different Style Needed for an Appeal There’s also very much I think, a difference in style in the presentation of an appeal vs. a trial. Especially if you’re doing a trial, whether civil or criminal that is before a jury. Because every trial lawyer knows that you never know...Appeals Q&A: Can You and Should You Appeal Your Case?
Florida Appeals Cases: Should You Appeal? Eric Lanigan has practiced Florida law since 1976. He has presented Florida appeals cases for both appellees and appellants. The very basic information of appeals and how they work are very straightforward, yet need to be explained for anyone who believes that their case could be won, overturned, their sentence changed, a jury award altered, etc. Eric eplains that an appeal is essentially nothing more than having a higher court review and determine whether or not a legal ruling by a lower court was correct. And it is strictly as to the application of law not interpretation of fact. So typically a trial court will make some kind of legal ruling. For instance whether or not to allow a particular document or other item into evidence. And if the lawyers believe that the trial court was not correct in the application of the law then they appeal that ruling to the higher court. And typically a county court appeals to the circuit court. And if something appeals in the circuit court then you appeal to the appellate court. And if you believe that the appellate court is in error, then you appeal to the Supreme Court. So it’s basically a method for a higher court to review the application of law of a lower court. Who Decides an Appeal? If you’re in a Florida county court, which in Florida involves cases worth less than $15,000 in damages and you believe that the county court judge made an error in the application of law or the interpretation of law, then your appeal goes to the...What is an Appeal?
An appeal is a request by a losing party in a lawsuit for a higher court’s review of the decision made in a lower court.
The appeal is asking a higher court to review an already decided case to have a verdict, sentence, conviction changed. There has to be an error made by the lower court as decided by the higher court.
December 2014 Florida Bankruptcy Rates
December 2014 Florida Bankruptcy Rates December 2014 Florida bankruptcy rates increased 6% over November 2014, and were down 10% from December 2013 according to the American Bankruptcy Institute. The total number of Florida Chapter 7 cases was 43,000 and the total number of Chapter 13 cases is 22,751. The total number of Florida bankruptcies is 66,431. Florida’s rank based on greatest per capita filings is No. 12. What Debts Can Be Discharged in Bankruptcy? There are many debts that cannot be discharged in bankruptcy including: Federal student loans Fraudulent debt from embezzlement Internal Revenue Service Child Support Alimony Some Property Settlements Income Tax Liabilities Department of Revenue sales tax liability Approved Florida Bankruptcy Counseling Before you file bankruptcy you have to complete pre- and post-bankruptcy counseling approved by the United States Trustee’s Office. Bankruptcy is filed in one of three Florida district courts: The Middle District in Tampa, Jacksonville, Orlando, Fort Meyers, Jacksonville The Southern District in Fort Lauderdale, West Palm Beach, Miami. The Northern District in Tallahassee and Pensacola No matter where you file you have to complete counseling to learn about spending, saving, debt and credit. You’ll provide your list of debts, you’ll provide your list of bills, your income and monthly spending. The entire exercise is meant to teach those who file bankruptcy about spending habits, debt and credit. No one knows how to recover from bankruptcy without guidance which is why the counseling is provided. There are many methods for recovering financially from bankruptcy. Don’t Feel Guilty About Filing Bankruptcy One primary step is to overcome the shame that you feel over what many describe as a personal...Lanigans Take on Florida Bankruptcy: Final in Series
The History of Florida Law Firm Lanigan and Lanigan Winter Park Florida attorney Eric Lanigan shares the final part of the Lanigan and Lanigan law firm story. The firm was practicing business and civil law, real estate litigation, securities fraud and investment losses when the firm decided to take on Florida bankruptcy. Then, Florida’s economy changed and bankruptcy and foreclosure began to increase and become key practice areas for Eric Lanigan. Housing market problems began with adjustable rate mortgages–ARMs–interest rates that made monthly mortgages became unaffordable to homeowners. Mortgage workouts, also known as mortgage refinances, were offered to homeowners who wanted to hold onto their properties by refinancing and having some of the debt negotiated down. Mortgage workouts could sometimes be done as an alternative to having to file bankruptcy or defend a foreclosure. Roddy Lanigan Joins Eric Lanigan in Law Firm in 2007 Eric Lanigan’s son, Roddy Lanigan passed the Florida Bar in 2007 and became a partner with Eric in Lanigan and Lanigan. The real estate market in Florida had begun a downturn that by 2008 was effecting families, individuals and businesses. There was a gradual increase in bankruptcies filed through the Lanigan and Lanigan law firm. Originally, there were several bankruptcies per month, then several bankruptcies per week, then many bankruptcies came through the door. By 2008 the number of bankruptcies really exploded and the law firm by 2010 had begun to to focus on bankruptcy, foreclosure and mortgage workouts. Bankruptcy, Foreclosure and Mortgage Workouts That was the predominant area of my practice until that whole bankruptcy thing really exploded in 2007, 2008 and that has, I...Attorney Eric Lanigan Handles Bankruptcy, Securities Fraud: Part 2 of 3
The Story of Law Firm Lanigan and Lanigan Winter Park, Florida, attorney Eric Lanigan handles bankruptcy, securities fraud and shares the story of how the law firm grows. Lanigan and Lanigan, P.L., grew into the agency that it is today because Eric has practiced Florida law since 1976. In 1979 he went out on his own to practice law. Part 1: Eric Lanigan’s Background In Part 1 of this 3-part series, Eric Lanigan shared that he practiced several areas of law, focusing on aggressive litigation. There were many times that challenges in interpreting and applying the law became opportunities to work through complex legal issues. By opening a law firm on his own, Eric was able to forge into practice areas that most appealed to him. He first practiced personal injury, then went into bankruptcy law. This is where the series continues as bankruptcy law becomes a major practice area. Bankruptcy Law Becomes a Major Practice Area For example bankruptcy is one of those areas. For many years I had a client who would refer me bankruptcy cases because they had a business where they did counseling for people in financial straits. And every month there’d be a certain number, three, four, five, maybe six, who their only way out would be to file bankruptcy. And so we would do anywhere from two to five or six bankruptcies a month and that went on for years. And then, 2007 came and I started to notice that two or three or four bankruptcies a month, became two or three or four bankruptcies a week. And by the beginning of 2008 it was...FL Law Firm Lanigan and Lanigan Shares Its Story: Part 1 of 3
How Florida Attorney Eric Lanigan Began Practicing Law I’m Eric Lanigan with FL law firm Lanigan and Lanigan attorneys in Winter Park, Florida. I’ve had many people who have watched various videos we’ve done and read some of our blog posts who when they’ve come in had commented that while all of the videos are educational and helpful, they really don’t know anything about who is the person behind the voice and it’s been suggested that maybe I talk a little about who I am and how I got to be standing here today. And a brief history I’ve always lived in Florida. I moved to Winter Park with my family when I was 12 years old in 1963. And other than going away to college and law school, I’ve lived here in Winter Park my whole life. I went to Winter Park High School, I then went to Florida State University graduated from Florida State in 1973 and then went to Stetson Law School in St. Petersburg. Graduated from Stetson in 1976. Came back, decided I wanted to practice in Winter Park. When you’re in college and you go away you visit friends and when you do that see what towns where other people live, I remember thinking to myself, Winter Park’s a pretty nice place. So I decided that I was going to come back here and live. I came back here after law school, by that time I was married and my son Roddy—who now practices with me—was a one year old baby. And we moved back to Winter Park. I got a job with a...ABCs of Buying Florida Property for Investment
Before diving headfirst into a real estate investment that may not be right for your particular financial situation, Florida real estate attorney Eric Lanigan of Lanigan and Lanigan in Winter Park, shares the ABCs of buying Florida property. Before You Buy Florida Real Estate Before you begin: Hire a Florida real estate agent with commission paid by seller Make sure you have a buyer’s agent to help you search and get general information about neighborhoods, locations, values Vet the realtor by getting recommendations Make sure the realtor has lived in Florida, is licensed, has worked with investors, knows all the areas you’re interested in Make sure the realtor is not a seller’s agent committed to the seller If you’re shopping around using multiple realtors you’re wasting your time and theirs: they all have access to the same MLS listings Negotiate that agent’s commission is paid by seller Hire a FLORIDA real estate attorney to protect you from signing contracts that are not in your best interest. An experienced attorney will know the problems of the land, the city/state/county and will know that there are ways to protect you against property and contracts that will not benefit you. Florida Has a Shadowy Real Estate History Florida has a history of very shady real estate activities that go back to the 1920s. Don’t fall prey to cheap land deals with sight unseen purchases. Never buy land you’ve not seen or that a representative of yours has not seen. Florida real estate investors also have to be extremely well informed and must research the value and likelihood of recouping investment funds. You’ve heard stories...Research Your Florida Real Estate Investments
Research Your Florida Real Estate Investments Before you buy a second home, a vacation property, land for commercial or residential use, it’s important to research your Florida real estate investments so that you’re an educated and prepared buyer. Florida real estate investments may be enticing to anyone who lives in a cold weather state. Often, a vacation in Florida compels visitors to think about buying property. Whether you want to buy a commercial property, rental property, pre-construction or property that will be flipped, only thorough research and pre-planning can prepare you. Hire a Skilled, Independent Team Find a real estate agent who knows the area in which you want to buy property. Do not accept the use of their recommended title insurance agent or mortgage companies. You want to make sure that people will work for your best interests and not for referral fees or as a group. Hire an experienced real estate attorney who is a buyers’ real estate agent, a separate title insurance company and mortgage lender. When you work with parties independently, you’ll be able to get honest and straightforward answers that apply to your bottom line. Real estate is a financial venture and by looking into every opportunity, reading comparables, past financial property performances, projected profit and loss sheets you can adequately evaluate the prospective gains. Work with a profit-loss sheet for every single line item from taxes, travel, materials, management fees, repair invested in your home state, or you’re investing for the first time, buying Florida real estate has some built in challenges. Be Aware of Potential Florida Property Problems If you live in Florida and are a Florida native you’ll know...
