The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Appellate Practice

How to Lose a Judicial Law Clerk in 10 Ways[1]

Appellate Practice
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

Appellate Practice
“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?

Appellate Practice
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

Appellate Practice
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

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

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

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

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

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

Appellate Practice
The primary objective of Florida’s medical malpractice presuit process is to keep unsupported lawsuits from proceeding into litigation.1 To complete...