Author: Elf

An appellate stay is a way to maintain things as they are in a lower court while a case is being appealed. It’s not always required, but it can be really important for getting fair results in an appeal. To ask for a stay, you have to make a formal request to the court that…

The appellate process may seem simple on the surface, but there are many details to consider. It’s important to understand how a case will proceed in the appellate court, as there are different ways to appeal a trial court decision. These include a final-order appeal at the end of the case, an interlocutory appeal after…

Thermtron Products, Inc. v. Hermansdorfer is a Supreme Court case that says federal courts can review orders to send cases back to state court, but only in certain situations. This applies to cases involving employee benefits under ERISA, a federal law. The 11th Circuit has a test for determining when state claims are completely controlled…

Simply put, Rule 62(d) of the Federal Rules of Civil Procedure says that in order to stop a lower court’s decision from being carried out while you appeal it, you have to provide a bond. However, federal courts have decided that this rule can be interpreted more flexibly, and a judge can choose to stop…

In 2001, Florida changed its rules for appealing court decisions. Now, lawyers have to explain the standard of review for each issue they’re arguing. But it’s been hard to find clear standards for some issues. Other states have better rules. It could help to mention those rules when making an appeal in Florida. In Florida,…

Appellate courts only look at mistakes made by the lower court. It’s important for trial lawyers to bring up any issues during the trial, because the appellate court can’t address new issues. It’s a crucial part of the appeals process. An appellate court reviews decisions made in trial courts and it’s important for litigants to…

Arbitration is common in Florida courts. When choosing where to pursue a case that might end up in arbitration, lawyers need to think about the potential appellate outcome. The rules for arbitration are different in state and federal courts, so the outcome can vary depending on which court the lawyer picks. In Florida, arbitration is…

A long time ago, the Florida Supreme Court had different rules for when they would reverse a trial court’s decision. But they didn’t have a clear definition of what “abuse of discretion” meant. In 1980, the court finally defined it as when a reasonable person wouldn’t agree with the trial court’s decision. This made the…

In a recent case, the Florida Supreme Court adopted a rule that says the outcome of a case shouldn’t depend on who is the most powerful or persuasive. In the appeal process, the appellant gets the last word through a reply brief. This means they have the final chance to argue their case before the…

This part of the constitution allows the Supreme Court to quickly review a trial court’s decision when a case is certified by the district court of appeal. This means that the case “passes through” the district court without a decision and goes directly to the Supreme Court for review. Rule 9.125 of the Florida Rules…