Appellate Practice
Choosing the Right Year for a Statute
When citing a state statute, according to The Bluebook,[1] the year of the applicable statutory compilation must be provided —...
The U.S. Supreme Court’s Unanimous Decision in Catholic Charities Bureau, Inc. v. Wisconsin Labor and Industry Review Commission Will Have a Substantial Effect on Florida’s Pro Bono Organizations
On June 5, 2025, the U.S. Supreme Court issued its opinion in Catholic Charities Bureau, Inc. v. Wisconsin Labor and...
It’s Good To Be King: When Purported Agents of the Government Seek To Wear the Crown of Sovereign Immunity
Sometimes a defendant seeks to take advantage of the sovereign immunity limitations under F.S. §768.28(5) because it purports to be...
Is the PCA Constitutional?
“PER CURIAM. Affirmed.” We all know what this is: the infamous PCA, or a district court of appeal’s decision without...
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...
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