Author: Elf
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Appellate Stays in Civil Cases: Florida and Federal Courts Offer More Security Flexibility than Believed, But Stay Violations Still Have Teeth
When a party is hit with a really big judgment and wants to appeal it, they may not be able to afford the bond needed to put the judgment on hold while they appeal. This means they have to start paying the judgment right away, even though they’re still trying to fight it. However, in…
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What Are My Chances? Federal Courts of Appeal by the Numbers
This article gives lawyers and their clients some statistics about the chances of success in the 11th Circuit and the U.S. Supreme Court. It shows how often appeals are successful and compares these courts to others. It also looks at how often the Supreme Court agrees to hear cases and how the justices tend to…
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Fee Simple: A Procedural Primer on Appellate Attorneys’ Fees and Costs
If an attorney wants to ask for money for their work on an appeal, they have to follow specific rules and make a separate request to the court. They need to give a good reason for why they should get paid, like a contract or a law that says they can. They also need to…
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The Impact of a Bankruptcy Filing on a Pending Appellate Proceeding
This article is a guide for lawyers who have questions about what happens when someone in a court case files for bankruptcy. It’s important for appellate lawyers to understand how bankruptcy can affect ongoing cases. When someone files for bankruptcy during an ongoing court case, it may stop the case from continuing. But if the…
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Orders on Motions to Dismiss for Failure to State a Cause of Action: When Are They Final for Purposes of Filing Notice of Appeal?
It’s important to know when you can appeal a court decision in Florida. Sometimes it can be confusing because the language used in the order can be tricky. For example, a dismissal order might say the case is dismissed with or without prejudice, or with or without the option to fix the problem. This can…
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Elimination of Florida Terms of Court and its Effect on Appellate Mandates
A “term of court” is a specific time period on the court’s calendar for handling legal matters. It used to have a strict meaning, but Florida has changed the law to make it more flexible for modern courts. In 1868, Florida divided the state into seven judicial circuits, assigning one judge to each. Each judge…
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Early Appellate Remedies: Partial Final Judgments
In Florida, there’s a rule that says you can only appeal a court decision if it’s a final judgment that ends the case completely. But there are some exceptions, like when a court decides on a part of the case before the whole thing is finished. In state court, you can appeal these “partial final…
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Protecting Your Injunction on Appeal in Trial Court
An effective lawyer always thinks about the end goal when starting a case. In cases where someone is asking for a court order to stop something (like in a lawsuit), it’s important to ask for both a temporary order and a permanent one. This makes it harder for the other side to appeal and makes…
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A Tribute to Justice Arthur J. England, Jr.: Father of Florida’s Modern-day Appellate Judicial Structure
Arthur J. England, Jr. passed away on August 1, 2013. He made many important contributions to Florida law, including helping to write important laws and serving as a judge. One of his most significant accomplishments was reforming the Florida appellate judicial structure, which still exists today. This article pays tribute to his important efforts in…
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Bankruptcy Appeals: A Stealthy and Different Kind of Appeal
When a bankruptcy order is made, it can be appealed in federal district courts. The appeal needs to be based on a statutory basis, and only final orders can be appealed without court permission. Bankruptcy proceedings can include both the main bankruptcy and adversary proceedings, and different types of orders from these proceedings may be…
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Object Now or Forever Hold Your Peace: Demonstrating Fundamental Error in Civil Appeals
A girl stole her friend’s music and shared it online. The friend sued her, and a court ordered the girl to pay a big fine. The girl hired a lawyer, but the court said she still had to pay. Improper closing arguments can lead to a new trial if objected to at the time of…
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A Wrong Without a Remedy: Can the Erroneous Grant of a Batson Objection Ever Constitute Reversible Error?
In a court case called Batson v. United States, the U.S. Supreme Court made a rule to prevent discrimination in jury selection. If the trial court doesn’t follow this rule and allows discrimination, the decision can be reversed. But if the trial court wrongly allows a discrimination claim, there may not be a way to…
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The Misapplication Theory of Express and Direct Conflict Jurisdiction: The Florida Supreme Court Expands its View of its Powers
The Florida Supreme Court can only hear certain types of cases. In some of those cases, it has to hear them, while in others, it can choose whether to hear them or not. This article talks about when the court can choose to review decisions from lower courts that conflict with previous decisions. It doesn’t…
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Judge-Friendly Briefs in the Electronic Age
The way judges read legal briefs is changing because everything is going digital. To make sure their arguments are understood, lawyers need to make their briefs easy to read and follow. This article talks about how lawyers can change the way they write their briefs so that they are easier to read on a computer…
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The Perfect Proffer
In the practice of law, a proffer is a way to present evidence that was excluded from a trial. It’s important because it gives the trial court a chance to reconsider its decision and allows the appellate court to review the ruling. There are three types of proffers: perfect, good enough, and last-minute. The type…
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What Makes a Case or an Issue One of Exceptional Importance?
In Florida’s district courts of appeal, cases can be re-heard by the whole court if they are really important or if the court needs to make sure all their decisions are the same. What makes a case really important is decided by the majority of the judges. But it’s not always clear what makes a…
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The New Role of Federal Habeas Courts in Guaranteeing the Right to Effective Assistance of Counsel
The general idea is that federal courts don’t have much power to review state court decisions anymore. There are a lot of rules and restrictions that make it really hard for people to get their cases heard in federal court. But there is an exception for claims of having a bad lawyer. If you can…
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But At Least You Can Recover Your Costs, Right? A Practitioner’s Guide to Appellate Costs in Florida the Good, the Bad, and the Money
If you win an appeal, you might recover your costs from the other party, unless the court says otherwise. The trial court will decide who won the appeal based on the important issues. Even if you ultimately lose in the trial court, if you win the appeal, you might still be considered the prevailing party…
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Appealing Post-Judgment Orders: The Path to Appellate Review Under the New Rule 9.130(a)(4)
In 2014, the Florida Supreme Court made a change to the rules for appealing court orders. Before this change, a wide range of orders could be appealed after a final decision in a case. But now, it might be harder to appeal these types of orders. This change could affect many different types of cases,…
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The Right to Relief: Untimely Notice of an Appealable Order
The right to appeal in Florida’s court system is really important, but there are strict rules about when you can appeal. If you miss the deadline to appeal, you can’t fix it. Sometimes, you might not even know about the order you want to appeal until it’s too late. The rules for what to do…
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Revisiting the Florida Supreme Court’s Conflict Jurisdiction to Review Per Curiam Affirmances Signaling Contrary Authority
This article discusses the Florida Supreme Court’s power to review decisions of lower courts when there is a conflict in the law. It reminds lawyers that the Supreme Court can review certain types of cases, even if they don’t have a written opinion. It also suggests that the Supreme Court should reconsider its current approach…
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A Brave New Appellate E-World
Florida courts have started using electronic filing systems for legal documents since January 2015. There are three different web-based systems used for electronic filing in Florida courts. It’s a cost-effective and efficient way to file documents, but it has caused some confusion for lawyers and court staff. This article aims to help clear up some…
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On What Grounds? Challenging an Arbitration Award Under Federal and Florida Law
The legal firm and attorney lost a court case for a client, and they are now being sued for malpractice. The court found that they didn’t do a good job representing their client and made mistakes. This could hurt their reputation and cost them a lot of money. Before the 1920s, arbitration wasn’t popular because…
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Attorneys’ Fees on Appeal: Misapplication of the Law of the Case Doctrine Raises Procedural and Substantive Due Process Concerns
This article talks about how the law of the case doctrine is being used in cases about attorney fees. The authors think this is a problem because it can violate people’s rights. They say that appellate courts shouldn’t decide on attorney fees without the trial court’s decision, because the trial court might need to look…