Appellate Practice
Has SCOTUS Evolved Beyond the Evolving Standards of Decency?
The Warren Court — the period from 1953 to 1969 when Earl Warren was chief justice — is recognized as...
Issues When Considering New Counsel on Appeal
Two attorneys with a collective 43 years in appellate law and perspectives as both outside counsel and corporate general counsel...
The Florida Supreme Court Abandons the Misapplication Theory of Express and Direct Conflict Jurisdiction
The Misapplication Theory of Express and Direct Conflict Jurisdiction has existed in Florida appellate jurisprudence since 1964.[1] Under a banner...
Decision or No Decision: Getting Carded at the Successive Writ Bar
When it comes to extraordinary writ petitions, many of us have likely received, at some point in our career, an...
Tipsy Coachman Trends Requiring Appellee Preservation
This article addresses recent trends in Florida’s intermediate appellate courts applying the tipsy coachman doctrine to affirm on alternative bases...
What the Textualist Revolution in Florida Jurisprudence Means for Practitioners
Justice Kagan famously remarked in 2015 that “we’re all textualists now.”[1] She was speaking about the federal judiciary, where the...
Aligning Appellate Standards of Review To Match the Constitutional Liberty Interests Implicated in a Termination of Parental Rights Proceeding
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
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
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?
On December 31, 2020, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.510, which regulates summary judgment motions.[1]...
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