Appellate Practice
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...
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,...
