Author: Elf
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Second-tier Certiorari Standard of Review Under Florida Law: A Practitioner’s Guide
The key to winning an appeal is to present a persuasive argument to the court that it has the power to grant the relief you are asking for. It’s important to understand the standard of review, especially when challenging a decision of a lower court. Common law certiorari, which allows for a second tier review,…
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Understanding the Art of Appellate Advocacy: Why Trial Counsel Should Engage Experienced Appellate Counsel as a Matter of Professional Responsibility and Legal Strategy
Summary: A legal firm is being sued for malpractice by its former client. The client claims that the firm’s attorney made mistakes that caused them to lose a court case. The client is seeking compensation for the losses they suffered as a result. When it comes to handling appeals, trial lawyers may not always be…
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Appeals of State Agency Immediate Final Orders and Emergency Suspension Orders
State agencies have the power to give out licenses to businesses and professions, but they can also take them away if there is an immediate danger to the public. This is called an emergency process. Agencies can also take immediate action in situations that don’t involve licenses, like destroying citrus groves because of citrus canker.…
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Off the Record
Every good appellate lawyer knows that when making an appeal, they must stick to the facts from the original trial. Going outside of these facts can harm their credibility with the appellate court and could even result in sanctions. However, there are some exceptions to this rule, such as if new information could change the…
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Review of Nonfinal Orders ââ¬â An Exception to the Requirement of Finality
In Florida, you usually can’t appeal a court decision until it’s final. This helps keep things organized and avoids having a lot of separate appeals. There are some exceptions, like if the court made a big mistake in the decision. You also have to figure out if the decision is something you can appeal or…
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We’re Back: The Appellate Court Said You Didn’t Find Anything
Trial attorneys work hard to prevent appeals in divorce cases, as they can be emotionally and financially draining. One common reason for appeals is the lack of detailed findings in the final judgment. The court has emphasized the importance of paying close attention to the details in divorce cases to avoid unnecessary appeals and expenses.…
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The Appellate Opinion Is Out Now What Do I Do?
When a court decision comes out, lawyers and clients check if they won or lost. There are deadlines to follow and more work to do, like filing motions and following the court’s instructions. It’s important to think carefully before filing any new motions. It’s also important to be cautious and not file too many extra…
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The Joy of Editing: Better Appellate Briefs
To make a good legal brief, it needs to be short and simple, with a clear structure and logical flow. Put your best argument first, and don’t jump around or repeat yourself too much. Also, don’t make it too long – long paragraphs hurt people’s eyes and make them grumpy. So, edit your brief for…
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Avoiding Appellate Mistakes: A Primer for the General Practitioner
For most general practitioners in Florida, handling appeals is not common. But when they do, they need to be careful to make sure the court order they want to appeal is final. If they file too soon, it’s okay, but if they file too late, it’s a big problem and the appeal might not be…
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DÃjà Vu in Florida Courts: When Courts Re-view the Law of the Case
When an appellate court makes a decision, it is usually final. However, sometimes the case is sent back to the trial court for more proceedings. The law of the case means that once an issue is decided by the appellate court, it can’t be re-litigated in the same case. But there are exceptions to this…
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Must Dissent. Why?
In the early days of the US Supreme Court, the judges would each give their own opinion on a case. But Chief Justice John Marshall wanted the court to speak as one, to show that the court had the final say. However, there were still cases where judges disagreed and wrote their own opinions. Nowadays,…
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How to Interpret Statutes or Not: The Phantom of Plain Meaning
In short, the legal firm Brown & Associates is representing John Smith in a lawsuit against the company XYZ. They’re alleging that XYZ caused environmental damage to Smith’s property. The lawsuit is still ongoing. Timothy McBoyle was accused of stealing an airplane and flying it from one state to another. He was convicted of a…
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The Appeal of Appellate Mediation: Making the Case for an Attractive Dispute Resolution Tool
Appellate mediation is a way to resolve a dispute after a court ruling, saving time and resources. It educates parties about the appellate process and helps manage their expectations. It also shows that appealing a decision is challenging and can be risky. It can be a valuable tool in settling a dispute. Appellate mediation can…
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The Appointment of Counsel to Indigent Defendants Is Not Enough: Budget Cuts Render the Right to Counsel Virtually Meaningless
Basically, 45 years ago, the Supreme Court said that if someone can’t afford a lawyer, the government has to give them one for free. This is to make sure that everyone gets a fair trial. Later, the Court also said that this applies to people charged with smaller crimes, not just big ones. The Court…
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Review of Orders Dismissing or Defaulting For Discovery Violations: The Evolution of the Abuse of Discretion Standard
Florida’s courts have the power to dismiss a case or default a defendant if they don’t follow a court order to share information. But what counts as abusing this power has changed over time. This article looks at how the courts decide if they’ve gone too far in these situations. Discovery violations can come in…
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Reconsideration or Rehearing: Is There a Difference?
In Florida, lawyers often believe they have 10 days to ask for a rehearing of a court decision, but it’s not always true. The rules only allow for a motion for rehearing for final judgments, not for other types of orders. However, the court can still reconsider these other orders before making a final decision.…
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Time Is on My Side: Four Steps to Applying the Correct Law
It can be tricky to determine which year of Florida’s laws applies to a legal issue. The state repeals, amends, and re-adopts its statutes each year, creating different effective dates for different laws. To figure out which year of the statutes applies to your case, you can follow a four-step process. First, determine if the…
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Original Proceedings, Writ Large
In Florida, the right to appeal a ruling is limited to specific categories set by the Rules of Appellate Procedure. There are also special writs that can be sought, but they are hard to get. Recently, there have been cases where these special writs have been granted. One of these writs, called quo warranto, is…
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Taking the Pathway of Discretionary Review Toward Florida’s Highest Court
The Florida Supreme Court can only review certain cases if they meet specific criteria and if the court decides to do so. Most of the cases they review are up to their discretion. So, even if your client’s case meets the criteria, it’s still up to the court to decide whether or not they want…
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The Continuing Story of Certiorari
The word certiorari may be hard to pronounce, but it’s an important part of Florida’s legal system. It’s a way for higher courts to review the decisions of lower courts. In the past, the Florida Supreme Court had the power to review cases using certiorari, but that changed in 1980. Now, it’s mainly used in…
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Toward a More Convenient Standard of Review in Cases Involving Forum Non Conveniens Issues
The forum non conveniens (FNC) doctrine is a legal principle that allows a court to dismiss a case if it is more appropriate to be heard in another jurisdiction. This can be in another state or even in another country. The U.S. Supreme Court has said that FNC is just a way for courts to…
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Sounds and Images of Persuasion: A Primer
Lawyers need to be good speakers because they talk a lot for their job. They speak in many different places, not just in court. It’s important for them to sound convincing and engaging when they speak because a lot of their work involves persuading people. This article talks about how lawyers can use different techniques…
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Jumping the Gun: Premature Appeals in Civil Cases
When it comes to appealing a court decision, it’s important to wait until the final order is given – it’s like waiting for the starter’s pistol in a race. Jumping the gun, or appealing too soon, can get you disqualified. Figuring out if an order is final and can be appealed is really important to…
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The Art of Persuasion Through Legal Citations
Properly citing legal authority is important in legal writing. It involves knowing how to cite cases, laws, and other legal sources correctly. This helps to support and give credit to the ideas and arguments in a legal document. Credible citations and sound reasoning based on those citations are important for persuading a court to support…