Author: Elf
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How Not to Lose the Winning Witness: Ethical Considerations in Working with Employee and Former Employee Witnesses
It’s really important for trial lawyers to choose the right witnesses for their case. This article focuses on employee witnesses, who can have a big impact. There are a lot of things to be careful about when dealing with these witnesses, and making a mistake can have serious consequences. It’s important to know the rules…
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Certiorari Review of Orders Denying Discovery in Civil Cases, Part I
The district courts of appeal generally don’t have the power to review orders denying discovery, unless the denial really hurts a party’s case. There’s a rare exception when the denial of discovery makes it nearly impossible for a party to prove their claim or defense. I’ve looked at a lot of court cases about this…
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Certiorari Review of Orders Denying Discovery in Civil Cases, Part II
In Part II of my column, I talked about the types of cases in which the courts have granted or denied review of orders denying discovery in civil cases. The courts have been willing to grant review and quash orders in cases involving the deposition of a material witness or party, ex parte communications between…
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Storytelling, The Sound of Music, and Special Teams: Revisiting Some Basic Legal Writing Techniques with Fresh Eyes
After working as an attorney for a while, I went back to teaching legal writing to first-year law students. I realized how important it is to revisit the basics of writing, even for experienced practitioners like myself. I found a lot of helpful articles and books on legal writing, and I want to share some…
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Navigating With a New Map: Impact of Changes to the District Courts of Appeal Territorial Boundaries
Florida’s district court map is changing because a new Sixth District Court of Appeal has been created. The boundaries of the First, Second, and Fifth districts are also changing. This process began in May 2021 when the Supreme Court created a committee to review the districts. The committee had to file a report by October…
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The Evolution of Rule 9.130 and Appellate Review of Sovereign Immunity
Sovereign immunity is the idea that the government and its officials are protected from being sued and from having to pay for damages. This concept has been around for a long time and is still important today. In Florida, it includes the freedom from being sued and the freedom from having to pay for damages.…
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A Not-So-Little Problem with Precedent: Intra-district Conflict in Florida District Courts of Appeal
In Florida, there’s a difference of opinion on how to handle conflicting rulings within the same district court. Some people think that the older ruling should be followed, while others think that the later ruling is more important. We’ll look at the history of this issue and how a specific case has caused confusion. We’ll…
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Feng Shui Your Appeal: Create the Energy to Succeed
Feng shui means arranging space to promote good energy flow, and it can also be applied to the legal process. Before deciding to appeal a case, lawyers should carefully consider the costs and likelihood of winning. They should also have a clear fee agreement with their client. It’s important to make sure the appeal has…
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Adoption By the Numbers: Two Years Later, How Should the Florida Courts Navigate the Not-So-New Florida Summary Judgment Rule?
The Florida Supreme Court changed a rule about summary judgment motions in lawsuits to make it easier for one side to win the case without going to trial. Before, it was really hard to win this way, but now it’s a bit easier. Even though the rule changed a while ago, some courts in Florida…
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The Neil Inquiry: Navigating The Peremptory Process
Serving on a jury is important for citizens to participate in the legal process. Discrimination in the jury system is not allowed because it goes against the idea of fair treatment and justice. In Florida, the Supreme Court has ruled that jurors cannot be excluded based on their race, ethnicity, or gender. If someone suspects…
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The People’s Court on Appeal: Three Years of County Court Appeals to the District Courts of Appeal
Before 2021, county court decisions in Florida could only be reviewed by higher courts if the county court certified a question of great public importance. Otherwise, the losing party had to file a petition to the district court of appeal (DCA). This led to a backlog of cases and confusion, as each circuit had its…
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Aligning Appellate Standards of Review To Match the Constitutional Liberty Interests Implicated in a Termination of Parental Rights Proceeding
A lawyer represented a dad who lost custody of his child in Florida, even though there were lots of doubts about the evidence against him. The court still decided to take away his rights as a parent, even though some judges had concerns about the case. It’s a frustrating situation and shows that the legal…
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A Brief History of the End of Greyhound Racing in Florida
In 2018, Florida banned commercial greyhound racing. Animal welfare advocates had been trying to do this for 10 years, but kept getting blocked by the greyhound breeders and gaming interests. They finally got a proposal on the ballot for the November 2018 election. The Florida Greyhound Association tried to stop it by saying the ballot…
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If the Stud’s a Dud and Other Horse Tales: Mediation of Equine Law Disputes May Be Your Best Bet
Florida is a great place for horses and horse lovers. The equine industry is a big part of the state’s economy, with lots of different activities like breeding, racing, and showing. There are a lot of horses in the state, and they bring in a lot of money. But sometimes things can go wrong in…
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Reauthorization of the Magnuson-Stevens Fishery Act: In Pursuit of Tight Lines and Full Nets
The Magnuson-Stevens Fishery Conservation and Management Act (MSA) is a law that protects the ocean and its marine life from being overexploited. It was created in 1976 and has been very successful, but now needs to be updated because of changes in fishing, the environment, and technology. The ocean is a huge and important part…
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Pets Should Receive Special Consideration in F.S. Ch. 61, Dissolution and F.S. Ch. 741, Domestic Violence
As of March 2019, the number of pet dogs and cats in the U.S. has increased. Dogs and cats are the second and third most owned pets, with around 94.2 million cats and 89.7 million dogs living in U.S. households. This is an increase from 2015-2016. Pets have become an important part of people’s lives…
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The Fading Color of Coral: Anthropogenic Threats to Our Native Reefs
The authors grew up in Florida and have seen the coral reefs there decline. It used to be colorful and full of life, but now it’s fading and fish populations are decreasing. This isn’t just a problem in Florida, it’s happening in other places too. Boat captains are telling people to use mineral sunscreen instead…
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Courtroom Canines Are Leading Courtroom Accommodations for Children
Dogs are being used in court to help kids who have to testify. Some people worry that it might make the jury feel sorry for the kids and not be fair to the person on trial. But research shows that having a dog in court doesn’t actually make a difference. It’s actually the best way…
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Marine Canary in the Coal Mine: The Latest Threats to Manatee Survival and Efforts to Save Them
The authors grew up in Florida and love manatees, big gentle sea cows that are a symbol of the state. But recently, hundreds of manatees have been found dead, alarming scientists and government officials. This could indicate a bigger problem affecting the environment and even human health. The laws protecting Florida’s manatees have been inconsistent…
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America’s Unifying Banner: Erasing Animal Cruelty
Americans share a common value of protecting animals from cruelty. Congress made animal cruelty a federal crime in 2019, and laws to protect animals exist at every level of government. It’s important to enforce these laws because animal cruelty can lead to violence against people. Animals and children are often targeted because they can’t speak…
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In the Cards: Betting on Veterinary Telemedicine Legal Reform
Many pets don’t go to the vet regularly because their owners face obstacles like cost, lack of nearby vet services, or other problems. This means pets may not get the care they need, leading to more serious health issues. Telemedicine, where you can talk to a vet online, can help make vet care more affordable…
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Cosmetic Animal Testing: The Future of Cruelty-Free Beauty in Florida
In short, a legal firm and its attorney are representing a company in a lawsuit over a breach of contract. The company is claiming that another company didn’t deliver products on time, and they want to be compensated for the loss. The legal firm is asking for documents related to the case, but the other…
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A Look at the PETS Act and Related Florida Law in the Wake of Hurricane Ian
Hurricane Ian hit Florida’s Gulf Coast on September 28, 2022, causing a lot of damage. Many homes were flooded and millions of people lost power. Lots of people in Florida have pets, and it can be hard to evacuate with them during a hurricane. During Hurricane Katrina, many people didn’t evacuate because they didn’t want…
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Who’s the Real Predator? A Look Into Alligator Farming
American alligators in Florida were almost wiped out due to uncontrolled hunting and high demand for their hides. They were put on the endangered species list in 1967, but thanks to strict hunting restrictions, their population bounced back enough to be considered “threatened” by 1987. The hunting industry for alligators is closely regulated now, but…