Category: Florida BAR article
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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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Amicus Briefs: What Have They Done for Courts Lately?
Amicus briefs, or “friend of the court” briefs, are not used very often by Florida appellate courts. From 2007 to 2011, the Florida Supreme Court mentioned amicus briefs in only 14 majority opinions. In 2010, only 17% of cases taken on the merits included at least one amicus brief. This shows that amicus briefs are…
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The Debate Continues on Whether to Remand Family Law Cases with Inadequate Findings
In 2001, the Third District Court of Appeal decided a case called Broadfoot v. Broadfoot, where they said that in family law cases, you can’t complain about a judge not making factual findings unless you asked the judge to do so first. Then in 2004, the Fifth District followed this rule in a case called…
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Don’t Waive Your Appeal: A Guide to Preserving Trial Error
The article discusses how lawyers can avoid losing their cases on appeal by making sure they preserve their arguments properly during trial. It’s important for lawyers to know the different ways to do this, so they don’t miss out on the chance to have their case heard in appellate court. In order to preserve issues…
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Certiorari Review of Nonfinal Orders: Trying on a Functional Certiorari Wardrobe, Part II
Last month, we said that the test used for deciding on petitions challenging nonfinal orders from trial courts is not good enough. We argued that courts only grant these petitions when there’s been a big mistake in the law that causes serious harm and can’t be fixed later, but in reality, they don’t stick to…
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Certiorari Review of Nonfinal Orders: Does One Size Really Fit All? Part I
In the past, astronauts said Tang was better than real orange juice, and designers made one-size-fits-all clothes that didn’t fit well. Florida courts use a test to decide on legal cases, but it’s not predictable and judges have to use their own judgments. The Florida Supreme Court has tried to make the test clearer, but…
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The Stay of Judgments and Proceedings in Florida State Courts
If a money judgment is entered against your client, you can appeal the decision. To stop the execution of the judgment during the appeal, you can request a stay from the lower court. If the order is not solely for the payment of money or is not a final order, you can still seek a…
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Controlling Jurisdiction and the Duty to Disclose Adverse Authority: Florida’s District Courts of Appeal Reign Supreme on Matters of First Impression
Lawyers in Florida have a duty to be honest with the court and tell them about any previous cases that could affect the current case. Even if a case comes from a different part of the state, it still counts as important precedent for the whole state. It’s important for lawyers to be professional and…
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If At First You Don’t Succeed, Should You Try Again? Motions for Rehearing on Appeal
The process of taking a case to trial and then through an appeal is long and expensive. When the court delivers a decision that is not in your favor, you might consider filing a motion for rehearing to try and change the decision. In Florida, there are specific rules for filing a motion for rehearing,…
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Taking a Swing at Appellate Brief Writing
Focus and preparation are key in both baseball and writing an appellate brief. Just like in baseball, where you need to stay focused on winning the game, in writing a brief, you need to focus on persuading the court to rule in your favor. Keep your eye on the goal and only include information that…
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The Butler Tetralogy: The Tipsy Coachman Doctrine Revisited
A legal firm and their attorney helped a company with a lawsuit, and the company won. The legal firm and attorney are happy because they worked hard and got a good outcome for their client. The tipsy coachman doctrine says that if a court decision is right for the wrong reason, it can still be…
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Coram What? An Introduction to Federal Special Writs
This article is about the special writs available in federal courts, which are not as well known as the ones in Florida state courts. The writer wants to help Florida lawyers understand these federal writs better. They mention that federal extraordinary writs are not used very often, and they want to explain them in a…
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If at First You Don’t Succeed: Understanding Judicial Doctrines of Finality
When we have a disagreement, we usually take it to a court to settle it once and for all. The court’s decision is final, and we can’t keep arguing about it. This is because the court uses several rules to make sure that once a decision is made, it can’t be changed. These rules are…
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The Conflict PCA: When an Affirmance Without Opinion Conflicts with a Written Opinion
About two-thirds of all appellate decisions at the district court level include no opinion at all. The most common type of decision is an affirmance without opinion, which is when the court decides not to explain their decision and simply affirms the lower court’s ruling. This is done to efficiently handle the heavy case load.…
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The Essential Requirements of the Law When Are They Violated?
The legal firm hired by the company made a mistake and the client’s attorney wants the firm to take responsibility and fix the problem. The attorney also wants the firm to pay for any damages caused by the mistake. A writ of certiorari is a legal request for a higher court to review a lower…
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Three Simple Ways to Improve Your Briefs
After working as an appellate lawyer for 14 years, I became a judge on the Florida Supreme Court. Now, I want to share some tips for writing better briefs for appeals. First, keep the brief short. Second, include an introduction. And third, divide the brief into sections. These steps may sound simple, but if done…
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Ethics and Professionalism on Appeal
In this article, I will talk about the difference between ethics and professionalism in the legal profession. Ethics are the rules that lawyers must follow, and if they break these rules, they can get in trouble. Professionalism is more about having good manners and behaving in a civil way. It’s important for lawyers to have…
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Judicial Notice on Appeal: A History Lesson in Recent Trends
Judicial notice is when a judge can accept something as a fact without needing evidence to prove it. Appellate courts are starting to make new rules about when judicial notice can be used on appeal. This is important because appellate courts are not supposed to find new facts, they are only supposed to review the…
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The Record on Appeal: What Do You Do When There Was No Court Reporter?
When you want to appeal a court decision, it’s important to preserve the evidence and objections from the trial. Without a clear record of any mistakes, the appellate court will likely uphold the original decision. This means making sure to object to things you think are wrong, present any evidence that was excluded, and get…
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Order in the Courts: The Ongoing Challenge of Safeguarding Against Frivolity and Extortion
Florida lawyers are not allowed to file lawsuits or appeals that are baseless or not supported by the law. There are rules and regulations in place to discourage this kind of behavior, and lawyers who file frivolous actions can face sanctions such as being reprimanded, having their case dismissed, or being ordered to pay the…
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Florida State and Federal Appellate Rules: Distinctions with a Difference
The Florida and federal appellate rules have some similarities, but also some important differences. One key difference is the deadline for filing a notice of appeal, which is strictly enforced in Florida but has some exceptions in federal court. In Florida, the notice of appeal must be filed within 30 days of the final order,…
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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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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 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…