The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Appellate Practice

Navigating the Differences in Circuit Court Appellate Jurisdiction for Nonfinal Orders

January/February 2019 Heather M. Kolinsky Appellate Practice
Most attorneys are familiar with the rules and jurisdiction of the district courts of appeal and the Florida Supreme Court;…

Raise Your Standards: A Practitioner’s Guide to the Effective Use of Appellate Standards of Review

November/December 2018 Rachel Canfield Appellate Practice
Litigants are often tempted to address the merits of a legal issue, without reference to the applicable appellate standard of…

To Err is Human, But the Tipsy Coachman Rule Can Get the Trial Judge Home

September/October 2018 Sylvia H. Walbolt and E. Kelly Bittick, Jr. Appellate Practice
Florida intermediate appellate courts are error-correcting courts. We all know that. So when does a Florida appellate court not correct…

Preserving Claims of Error in Florida Federal and State Civil Actions: Some Common Rules

July/August, 2018 Ernesto J. Sanchez Appellate Practice
Among the rules that Florida federal and state courts have in common for both civil and criminal jury trials is…

No Time Like the Present: The Right to Immediate Appeal of Orders Addressing Workers’ Compensation Immunity

June 2018 James W. Sherman Appellate Practice
There are no sweeter words to fall upon the ears of a wronged civil defendant than “immediately appealable.” One important…

Same, Similar, and Everything in Between: Appellate Courts’ Review of the Same-Specialty Requirement for Presuit Experts in Medical Malpractice Cases

May 2018 Sarah Lahlou-Amine and Gabrielle Osborne Appellate Practice
The primary objective of Florida’s medical malpractice presuit process is to keep unsupported lawsuits from proceeding into litigation.1 To complete…

The Chasm in Florida Appellate Law: Intra-Circuit Conflicting Appellate Decisions

April 2018 J. Sebastien Rogers Appellate Practice
Florida’s circuit courts function in a trial and appellate capacity. In an appellate capacity, they review issues from county court…

Unpreserved Errors Are All the Same, Right? Not Exactly

March 2018 Tracy S. Carlin Appellate Practice
In both state and federal court, to preserve an error for review and correction on appeal, a party must make…

Appellate Mediation: The Art of Settling After the Trial Court Has Ruled

February 2018 Diane G. DeWolf Appellate Practice
So the trial is over and you are either kicking up your heels or left holding your hat. If you…

Can It Be Done? Evaluating Judicial Authority to Expand the PFS Acceptance Period

January 2018 Brian Lee Ellison Appellate Practice
When it comes to negotiating the resolution of a case, timing is important. But the moment a valid proposal for…
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