Category: Florida BAR article
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Citation Form: Getting it Right
Every lawyer must know how to properly cite sources in their writing. Mistakes in citation can make it seem like the lawyer is not paying attention to detail or doesn’t know the correct form. However, errors in citation are common in legal writing and even in judicial opinions. This may be because the rules for…
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Liability for Negligently Disabling or Failing to Repair a Traffic Signal: Absolute Immunity in the
The court in Florida has made a decision that says if a traffic signal is broken and causes a car accident, the drivers involved are responsible for their injuries, even if they didn’t do anything wrong. This changes the usual rule that the person who causes the problem is responsible for it. The court also…
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Appellate Relief From Interlocutory Bankruptcy Court Abstention and Remand Orders: A Reason for Change
When parties in bankruptcy court are unhappy with a decision made by the court to either abstain from a case or remand it to a state court, they may want to appeal the decision. However, the rules about when and how they can appeal these decisions are unclear and can be frustrating. This is especially…
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Top 10 Appellate Mistakes (Or Why You Need an Appellate Specialist)
Here are 10 mistakes lawyers should avoid when handling appeals: 1) Making unauthorized motions that could affect the timeline for filing an appeal. This includes not understanding when the 30-day deadline for filing an appeal starts. 2) Not fully understanding the concept of “rendition” of an order, and how certain motions can delay the deadline…
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Changes to the Florida Rules of Appellate Procedure
In 1997, the Florida Supreme Court made big changes to the Rules of Appellate Procedure. These changes combined all appellate rules into one set and made them effective on January 1, 1997. The purpose was to make one comprehensive set of rules for appeals. One important change is that the appellate rules now override any…
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Bidder Beware: Construction Contracting By and With Local Governments in Florida
When a local government wants to build something, they have to follow specific rules for hiring a construction company. There are different types of contracts they can use, and they have to follow certain laws and regulations. One important thing to know is that the construction lien law doesn’t apply to government contracts, so contractors…
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Local Regulation of Medical Marijuana in Florida
Medical marijuana has been used for thousands of years and has many health benefits, like helping with seizures, easing pain, and reducing nausea from chemotherapy. It’s also safer than opioids. In the past, the government has heavily regulated marijuana, but there have been changes over time. Robert Randall was arrested for growing marijuana to treat…
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When Is a Public Official Entitled to Prevailing Party Attorneys’ Fee Reimbursement in Public Records Act Cases? Part II
In part one, I talked about how a Florida public official might use the law to get money for hiring a private lawyer to defend against a Florida Public Records Act lawsuit. Now, in part two, I’m going to talk about another way they might be able to do that. If a public official is…
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When Is a Public Official Entitled to Prevailing Party Attorneys’ Fee Reimbursement in Public Records Act Cases? Part I
When elected or appointed as a public official in Florida, there are many laws and rules to follow, including ethics and open government laws. If a public official is sued for not following these laws, there are some ways for the official to get their legal fees paid for by the government. In some cases,…
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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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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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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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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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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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Citation Form: Keeping Up with the Times
Florida lawyers use three main sources for citation forms: Florida Rule of Appellate Procedure 9.800, The Bluebook, and the Florida Style Manual. These rules help lawyers give credit to their sources and show where they got their legal information. Citations are made up of three parts: an introduction, a description of the source, and sometimes…
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The Ins and Outs of Pass-through Jurisdiction
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…
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A Primer on Workers’ Compensation Appeals
This article is for lawyers who don’t usually handle workers’ compensation appeals. It explains the rules for appealing a decision from a judge in a workers’ compensation case. It also gives tips for experienced workers’ compensation lawyers. The Workers’ Compensation Law in Florida has gone through many changes over the years. Currently, if you want…
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Cross-appeals in Civil Cases
A legal firm is being sued for negligence because one of their attorneys made a mistake in a case. The person suing them is claiming that the attorney’s error caused them harm. Your evidence went smoothly in court, and the jury quickly decided in your favor. Your opponent might appeal, but most cases are affirmed.…
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Judicial Notice on Appeal: Why All the Fuss?
Law Firm XYZ, on behalf of Client A, is taking legal action against Company B for breach of contract. Client A claims that Company B failed to deliver the products as promised and seeks compensation for the losses incurred. Company B is given a deadline to respond to the legal notice before further action is…
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The Appellate Decision-Making Process
When the appellate court reviews a case, it serves two main purposes. First, it checks the lower court’s decisions for legal correctness. Second, it clarifies and establishes the rules of law that apply to everyone, not just the people involved in the specific case. Appellate lawyers need to understand these functions to effectively present their…
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Reply Briefs: Rules and Protocol in the Battle for the Last Word
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…
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Common Law Writs From the Practical to the Extraordinary
In Florida, you usually have to wait until a court case is over before you can appeal a decision. But in special cases where waiting would cause serious harm, you can ask for immediate review through a common law writ. These writs are based on longstanding legal traditions and give you a special way to…
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Abuse of Discretion: Misunderstanding the Deference Accorded Trial Court Rulings
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…
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Invective on Appeal: Impugning the Integrity of Judges
Appellate lawyers have the same ethical duties as trial lawyers, but there are some specific issues that come up. One big problem is when lawyers criticize judges in court filings or public statements after they lose a case. This is against the rules and can lead to discipline for the lawyer. The rule says that…