Author: Elf

In Florida, agencies have to follow certain rules when making new policies. If they don’t follow the rules, someone who is affected by the new policy can challenge it. But first, they have to prove that the new policy is not following the right rules. An unadopted rule is a statement from a government agency…

The Administrative Procedure Act (APA) in Florida helps to keep the government’s powers in check by making sure that public agencies follow the rules when making decisions. It also allows citizens to challenge those decisions if they seem unfair. When it comes to bid protests, the APA sets out the procedures for how purchasing contracts…

In Florida, the Government in the Sunshine Law makes it so that public meetings must be open to the public. In 2013, a rule was added that says the public must be given a chance to speak at these meetings. But it’s not clear what “reasonable” means in terms of how much time the public…

The U.S. Supreme Court said that local governments can start their meetings with religious prayers, but there are some limits. Lower courts have also said that local governments need to make sure different religions have a chance to participate in the prayer-giving. The Supreme Court has ruled that it is okay for local government meetings…

In these difficult times, local governments are struggling to collect money. This article explains the rules and steps for a local government to take action against property owners who haven’t paid special assessments. It covers things like giving notice to the property owner, when to file a lawsuit, and what happens after the court makes…

The laws governing aviation liens in Florida are very confusing and complicated. There are different statutes to follow, and federal laws also play a role. It’s unclear whether a repairman’s right to claim a lien is affected if they let go of the aircraft before filing the lien. A court case tried to answer this,…

If you don’t appeal a bad decision within 30 days, you might not get another chance. Sometimes, the deadline to appeal can be confusing, especially if the decision has been changed. It’s important to know the rules and get help from a specialist if you’re not sure. If you miss the deadline, you could lose…

Sometimes jury verdicts don’t make sense and can be challenged by the losing party. There are four common types of irregular verdicts: compromises, inconsistent, inadequate, or against the weight of the evidence. Inconsistent verdicts are when the jury makes two simultaneous determinations that can’t be reconciled, and it’s important for the legal system to address…

In court cases, lawyers have to figure out if a dismissal or summary judgment order is final and can be appealed. This is a complicated process because federal and state courts have different rules for what makes an order final and appealable. The rules sound similar, but they lead to different results in practice. For…

You won the appeal for your client, but the trial judge didn’t give the outcome you expected. Even though the appellate court didn’t order a new trial, the trial judge made the same decision using the correct burden of proof. This outcome could have been prevented by paying more attention to advocating for a specific…

Six years ago, an article in a legal journal called bankruptcy appeals the “ninjas of the appellate world.” It means they come out of nowhere and have different rules and standards. Since then, the U.S. Supreme Court has made two important decisions about which orders in bankruptcy cases can be appealed. Some lower courts have…

Voir dire is the process of questioning potential jurors to ensure they are impartial. As courts start to reopen after the pandemic, it’s important to remember how to protect the right to choose an impartial jury. This means raising any concerns about potential jurors during the trial, so that the court has a chance to…

Appellate standards of review are the way an appeals court looks at a lower court’s decisions. They usually give deference to the lower court because it saw everything happen in person. But now, with the pandemic, some courts are trying out remote trials with video recordings. This could change how much deference the appeals court…

In 2019, Florida’s appellate courts issued 12,208 opinions. In the past, they have issued up to 26,800 cases with an average of 24,700 cases per year. Each district court of appeal has a certain number of judges, which means there are a lot of different three-judge panels possible. Since 1982, the appellate courts have only…

The Florida Rules of Civil Procedure were changed to make it easier to get a summary judgment in court. This means that a party can ask the judge to decide the case without a trial if there are no important facts in dispute. Florida adopted the same standard as the federal courts, which makes it…

The Florida Supreme Court made new rules in December 2020 for how appellate documents should be written and filed. They want documents to be easier to read and access on computers. They also changed the font types and set word limits for documents. They made a new rule called Rule 9.045 for these requirements, and…