Appellate Practice
Not a Foregone Conclusion: The Importance of Advocating for a Favorable Remand Instruction in a Civil Appeal from a Final Judgment
Imagine you represent the appellant in a civil appeal from a final judgment. Your client was the plaintiff at the...
Is It Over Yet? A Primer on Federal and State Appellate Finality Doctrines
During civil litigation, trial lawyers often ask whether a dismissal or summary judgment order is final and appealable.[1] Regrettably, even...
Inconsistent, Inadequate, Unbalanced, and Compromised: Breaking Up with Flawed Verdicts
Most verdicts are logical. The jury either believed the plaintiff’s case or didn’t and returned a decision reflecting its viewpoint....
How to Lose a Judicial Law Clerk in 10 Ways[1]
Judicial law clerks[2] serve a necessary function in the daily work of Florida’s courts.[3] Justices and judges could not perform...
Restraining Justice: How Florida Can Better Aid Pro Se Survivors of Domestic Violence with Appeals of Injunction for Protection Cases
“Lawyers have a license to practice law, a monopoly on certain services. But for that privilege and status, lawyers have...
When Is a Motion for Rehearing Necessary to Preserve for Review a Trial Court’s Error in Failing to Make Factual Findings?
A core principle of appellate adjudication is that a party must preserve issues to raise them on appeal. That means,...
Welcome to the Hotel St. Moritz: A Warning Concerning the Window in Which to Seek Appellate Review of Corrected, Amended, or Modified Orders
Don Henley may have warned us about the Hotel California, but if you miss the deadline to seek review of...
Navigating the Differences in Circuit Court Appellate Jurisdiction for Nonfinal Orders
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
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
Florida intermediate appellate courts are error-correcting courts. We all know that. So when does a Florida appellate court not correct...
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