The Florida Bar

Florida Bar Journal

The Florida Bar Journal


Easements Implied from a Preexisting Use: Escape from the Rabbit Hole

Featured Article
This is the story of a rabbit hole.[1] A rabbit hole into which Florida caselaw on implied easements based on...

Is It Over Yet? A Primer on Federal and State Appellate Finality Doctrines

Appellate Practice
During civil litigation, trial lawyers often ask whether a dismissal or summary judgment order is final and appealable.[1] Regrettably, even...

The Demise of Agency Deference: Florida Takes the Lead

Administrative Law
The year 2018 was a banner year for amendments to the Florida Constitution. Twelve proposed amendments appeared on the general...

An Exploratory Voyage Across the Seas of Change

President's Page
Over the past seven years, and perhaps even longer, Bar presidents have made statements I could still make today. While...

Indemnification Is Good, but Advancement Is Even Better: Make Sure You Know the Difference and Level the Playing Field from the Start

Featured Article
Corporate officers and directors frequently find themselves involved in complex legal proceedings in which they face exposure merely by reason...

At a Lookout Point

President's Page
In life and in law, change can occur suddenly like a tidal wave that crashes onto the shore or can...

Simon, A Slave v. The State of Florida: The Precedent-Setting Decision Establishing Confessions Extracted by Threats or Promises Are Inadmissible at Trial

Featured Article
In February 1854, the Pensacola Gazette reported that an enslaved person by the name of Simon, whose criminal conviction for...

New Developments in Inverse Taking Law for Government-Incited Public Actions That Impair Private Property Value

Featured Article
Inverse taking law is a continuing work in progress as courts struggle to apply the purpose of the Taking Clause,...

A Rising Tide Raises All Ships

President's Page
In my speech at the General Assembly at the Bar’s Annual Convention, and in my first President’s Page, I discussed...

John M. Stewart: President of The Florida Bar

Featured Article
As it relates to the modern practice of law, technology can be difficult to discuss due to its rapidly changing...