Appellate Practice
En Banc Hearings, By the Numbers
In 2019, Florida’s five appellate courts collectively issued 12,208 opinions.[1] In past years, Florida’s appellate courts have collectively issued up...
Zooming In on the Impact Florida’s Remote Civil Jury Trials May Have on Appellate Standards of Review
Appellate standards of review are the lenses through which an appellate court reviews a trial court’s decisions.[1] Based on a...
The Preservation of Error During Voir Dire
The purpose of voir dire is to ensure that each case is tried by impartial and fair-minded members of the...
When Bankruptcy Appeals Attack: Refining the Flexible Approach to Finality in Bankruptcy Proceedings
Six years ago, an article in this Journal described bankruptcy appeals as the “ninjas of the appellate world.”[1] These appeals...
New Pro Bono Program Aims to Reframe the Way Domestic Violence Injunction Opinions Are Written
Winston Churchill would have us believe that history is written by the victors. As a response to this proposition, author...
District Court Review of Mandamus Proceedings in Land-Use Litigation: Certiorari or Appeal?
Imagine you find yourself in the following position. You represent a real estate developer who has been denied approval for...
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...
