The Florida Bar

Florida Bar Journal

The Florida Bar Journal


Welcome to the Hotel St. Moritz: A Warning Concerning the Window in Which to Seek Appellate Review of Corrected, Amended, or Modified Orders

Appellate Practice
Don Henley may have warned us about the Hotel California, but if you miss the deadline to seek review of...

Eleventh Circuit’s Ruling Strengthens Creditors’ New Value Defense to Preference

Business Law
The 11th Circuit in Kaye v. Blue Bell Creameries Inc. (In re BFW Liquidation LLC), 2018 WL 3850101, 17-13588 (11th...

International E-Discovery: How The 11th Circuit’s Interpretation of Possession, Custody, or Control May Impact Multinational Corporations

Trial Lawyers
In decoding the bounds of e-discovery under the Federal Rules of Civil Procedure, courts around the country have employed a...

Is My Judgment in Your Best Interest? How Decisions Are Made in Guardianships and a Suggested Reform

Elder Law
When Glenda Martinez and J. Alan Smith met in 2008 through a social media website, little did they know how...

Misled Interested Citizens and Florida’s Public Meeting Laws

City, County and Local Government
Florida’s Government in the Sunshine Law, F.S. 286.011, has long required meetings of governing bodies of public agencies to be...

Moving from New York to Florida: Perfecting Domicile

Recently, due in large part to the effective repeal of the state and local tax deduction (a/k/a the SALT deduction),1...

Navigating the Differences in Circuit Court Appellate Jurisdiction for Nonfinal Orders

Appellate Practice
Most attorneys are familiar with the rules and jurisdiction of the district courts of appeal and the Florida Supreme Court;...

Twelve Ways of Proving the Negative and Overcoming the Carpenter Presumption of Undue Influence

Elder Law
Estate planning attorneys should be acutely aware of the presumption of undue influence that arises in a will contest1 after...

Are Arbitration Agreements Necessary for Class-Action Waivers To Be Enforceable?

Labor and Employment Law
Much ink has recently been spent on the Supreme Court’s May 2018 decision on the enforceability of class-action waivers in...

Bid Protests Under the Administrative Procedure Act: The Standard of Review, the Protest Hearing, and Further Review

City, County and Local Government
The touchstone of our democracy is federalism with powers within the government separated horizontally and vertically. The purpose of such...