Category: Florida BAR article
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What You Don’t Know Can Hurt You (and Your Client’s Appeal): Understanding Recent Amendments to the Federal Rules of Appellate Procedure
Change is unavoidable, especially in the law. The rules for appealing cases in federal court have been updated, which can be intimidating for lawyers. Some of the changes are small, like new deadlines for filing certain documents. Others, like reducing word limits for legal documents, are more significant. It’s important to pay attention to these…
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Legal Citation: Which Guide Should You Use and What Is the Difference?
Legal citation is an important skill for lawyers to learn and keep up with, even after they graduate from law school. In Florida, lawyers and judges are required to use Rule 9.800, which provides examples of how to cite common legal authorities like cases and statutes. It’s not full of a lot of technical rules…
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Funding Your Appeal: Temporary Appellate Fees in Dissolution Cases
If your client gets a bad judgment in a divorce case, you can appeal the decision. While waiting for the appeal to finish, you can ask for money to help pay for the appeal process. This money is called temporary appellate attorneys’ fees. Once the appeal is over, you can also ask for final attorneys’…
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Off The Record Or Not?
In November 2007, an article called âOff the Recordâ was published in a journal. It talked about how appellate courts are now allowing lawyers to add new information to the record that wasn’t included in the original trial. They are also bringing up new information themselves during appeals. This is different from how things used…
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Moot Courts for Real Appeals
Leaving the appellate bench to return to law practice, I thought I might be asked to help lawyers practice their oral arguments. That turned out to be true. I thought I would mainly help lawyers who don’t have much experience with appeals, but I was surprised that even experienced lawyers want to practice their arguments.…
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Legalizing the Appellate Introduction
The problem is that some lawyers are writing really long and argumentative introductions in their legal briefs for the Florida appellate court. This is causing some judges to question if introductions should even be allowed. However, a well-written introduction is actually a good idea and can be an important part of making a persuasive argument.…
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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…
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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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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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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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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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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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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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Attorneys’ Fees and Costs
In 1996, the Florida legislature changed the rules about when private individuals can get their legal fees paid by government agencies. Before, it was hard to get fees back, but now there are more opportunities for people to get their fees covered if they win a case against an agency. The new law also added…
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Fraud in Horse Sales: Florida’s Rule 5H and Unfair and Deceptive Acts by Equine Sellers, Agents, and Others
Florida has the most comprehensive laws for addressing fraud in the horse industry. The laws require sellers and agents to disclose certain information and prevent them from making secret profits. These laws are being used more often to hold people accountable for deceptive practices in horse sales. Florida’s law is the strongest in the nation…
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The Migratory Bird Treaty Act: On the Wings of an Executive Branch Reinterpretation
The Migratory Bird Treaty Act is a law that protects birds from being killed or harmed. It’s been around for 100 years and is one of the most successful wildlife laws. But now, there’s a debate over whether the law should also protect birds from being accidentally harmed. This could change the future of the…
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The Proposed Constitutional Amendment to Ban Greyhound Racing in Florida: The Time Is Now
Every 20 years, Florida can change its laws by reviewing and proposing changes to the state Constitution. The Animal Law Section of The Florida Bar wants to ban greyhound racing because it’s harmful to the dogs and costs a lot of money. Florida is one of the few states that still allows greyhound racing, even…
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The Growing Trend of Animal-Abuser Registries
A woman was hurt at a store and hired a lawyer to help her. The store’s insurance company asked for her medical records, but the lawyer said no. The insurance company took the case to court, but the judge ruled in favor of the woman. The insurance company had to pay for her legal fees.”…
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Lions, Tigers, and Bears, Oh My! Owner and HOA Liability for Wild Animal Attacks
In Florida, as more land is developed, wild animals like black bears are coming into residential areas in search of food. This has led to an increase in conflicts between humans and bears, with some people being injured and property being damaged. This article looks at what landowners and homeowner associations need to do to…
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Assistance Animals in Foster Care
There is controversy about using animals for therapy for mental illness. People are using animals to reduce stress and anxiety, and to help with social interactions. But when children are placed in foster care, their pets are often not considered. This means they may lose an important support system. Assistance animals are animals that help…
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Defining Animal Rights and Animal Welfare: A Lawyer’s Guide
The difference between animal rights and animal welfare is that animal rights advocates believe that some animals should have the same rights as humans, while animal welfare advocates believe all animals should be protected from abuse and treated humanely. It’s important for lawyers and others to understand these concepts in order to navigate the legal…
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Should Family Pets Receive Special Consideration in Divorce?
When couples adopt a pet, they make a commitment to care for it for life. Many people see their pets as part of the family and feel responsible for their well-being, similar to how parents feel about their children. But legally, pets are considered personal property that can be bought, sold, or given away. When…
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Animal Hoarding in Florida: Addressing the Ongoing Animal, Human, and Public Health Crisis
Animal hoarding is a big problem in Florida that doesn’t get much attention. It’s when someone has a lot of animals and can’t take care of them properly. This causes suffering for the animals and can also put people at risk, like children and older adults. Hoarders’ homes are usually really dirty and can be…
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Alligator Harvesting: Hunting as a Regulatory Tool for Species Management
Florida is known for its beaches, orange groves, and swamps. The American alligator is a symbol of Florida and is found all over the state. It was designated as the official state reptile in 1987. You can see them in drainage canals and waterways all across Florida. The alligator population in Florida was in trouble…