The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Appellate Practice

Aligning Appellate Standards of Review To Match the Constitutional Liberty Interests Implicated in a Termination of Parental Rights Proceeding

Appellate Practice
There are cases that haunt us, and sometimes, like our clients, attorneys also do not get closure. In 2019, I...

The People’s Court on Appeal: Three Years of County Court Appeals to the District Courts of Appeal

Appellate Practice
As the clock approached midnight on December 31, 2020, Floridians looked with hope to a new beginning, leaving behind a...

The Neil Inquiry: Navigating The Peremptory Process

Appellate Practice
Serving on a jury “constitutes the most direct way citizens participate in the application of our laws.”[1] It is, thus,...

Adoption By the Numbers: Two Years Later, How Should the Florida Courts Navigate the “Not-So-New” Florida Summary Judgment Rule?

Appellate Practice
On December 31, 2020, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.510, which regulates summary judgment motions.[1]...

Feng Shui Your Appeal: Create the Energy to Succeed

Appellate Practice
Feng shui literally means “wind” and “water” in Chinese.[1] It is the ancient practice of arranging space to promote a...

A Not-So-Little Problem with Precedent: Intra-district Conflict in Florida District Courts of Appeal

Appellate Practice
There is a difference in opinion when it comes to intra-district precedent in Florida. Most lawyers believe — and some...

The Evolution of Rule 9.130 and Appellate Review of Sovereign Immunity

Appellate Practice
Mel Brooks famously said in History of the World Part I, “it’s good to be the king.”[1] Undoubtedly, one of...

Navigating With a New Map: Impact of Changes to the District Courts of Appeal Territorial Boundaries

Appellate Practice
On January 1, 2023, Florida’s district court map is changing: A new Sixth District Court of Appeal has been created....

Storytelling, The Sound of Music, and Special Teams: Revisiting Some Basic Legal Writing Techniques with Fresh Eyes

Appellate Practice
I recently returned to teaching legal writing to first-year law students. Having spent the preceding years as an appellate attorney...

Certiorari Review of Orders Denying Discovery in Civil Cases, Part II

Appellate Practice
This is Part II of my column on certiorari review of orders denying discovery in civil cases. In Part I,...