Category: Florida BAR article
-
Is It Over Yet? A Primer on Federal and State Appellate Finality Doctrines
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…
-
Inconsistent, Inadequate, Unbalanced, and Compromised: Breaking Up with Flawed Verdicts
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…
-
How to Lose a Judicial Law Clerk in 10 Ways
Sometimes when you submit a long legal document, it’s easy for someone to get bored and miss important points. It’s a good idea to get someone else to read it and make edits to make sure it’s clear and to the point. When it comes to replying to someone else’s legal argument, it’s best not…
-
Restraining Justice: How Florida Can Better Aid Pro Se Survivors of Domestic Violence with Appeals of Injunction for Protection Cases
Lawyers have a special license to practice law, but they also have a duty to provide legal help to those who can’t afford it. Domestic violence is a big problem in Florida, with a lot of cases going unreported. Many survivors of domestic violence don’t have the money to hire a lawyer to help them…
-
When Is a Motion for Rehearing Necessary to Preserve for Review a Trial Court’s Error in Failing to Make Factual Findings?
Appellate courts will only consider issues on appeal if they were first brought up in the trial court. This means that if something wasn’t discussed in the trial court, it can’t be brought up on appeal unless it’s a really big mistake, like the court not having the power to make a decision, or someone…
-
Welcome to the Hotel St. Moritz: A Warning Concerning the Window in Which to Seek Appellate Review of Corrected, Amended, or Modified Orders
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…
-
Aircraft Lien Law
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,…
-
The Foreclosure of Local Special Assessment Liens: What, Where, Why, and How of the Civil Action and Enforcement Methods
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…
-
Firefighter Cancer Benefits: A Case for Prospective Application
In 2019, Florida passed a law giving benefits to firefighters diagnosed with certain types of cancer. A recent court decision awarded benefits to a firefighter diagnosed before the law took effect. This has caused local governments to defend their policies of only giving benefits for diagnoses after the law’s effective date. A study found that…
-
What Are the Constitutional Limitations on Prayers at Local Government Meetings?
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…
-
Misled Interested Citizens and Florida’s Public Meeting Laws
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…
-
Bid Protests Under the Administrative Procedure Act: The Standard of Review, the Protest Hearing, and Further Review
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…
-
The Florida Public Records Act in the Era of Modern Technology
Florida is known as the Sunshine State because of its great weather and beautiful beaches. The âGovernment-in-the-Sunshineâ laws in Florida promote open government meetings and records. This means that government actions and records are supposed to be open to the public. However, with modern technology, there are new issues to consider with public records laws.…
-
Rule or No Rule? An Examination of Recent Unadopted Rule Challenge Decisions
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 Points of Entry for Rule Challenges Post Florida Pulp & Paper
Before 1996, the Florida Administrative Procedures Act (APA) allowed challenges to proposed rules to be filed only 21 days after they were published. In 1996, the APA was changed to allow challenges to be filed at three additional times: 10 days after a public hearing, 20 days after a statement of estimated regulatory costs (SERC)…
-
A Primer on Emergency Rulemaking
Recently, there has been a lot of attention on emergency rules and the challenges to those rules, especially after the rules put in place by the Department of Elder Affairs and Agency for Health Care Administration following Hurricane Irma. Emergency rules are not used often by agencies, but they have become more common in recent…
-
Constitutional Rulemaking: What Happens When the APA Doesn’t Apply?
Recent changes to Florida’s Constitution and the Administrative Procedure Act have raised questions about whether agencies can make rules outside of the normal procedures, and how people can challenge those rules. The Department of Health has been given the power to make rules about medical marijuana, and they argue that they can do this outside…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…