Category: Florida BAR article

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.…

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…

The Florida Supreme Court made new rules in December 2020 for how appellate documents should be written and filed. They want documents to be easier to read and access on computers. They also changed the font types and set word limits for documents. They made a new rule called Rule 9.045 for these requirements, and…

The Florida Rules of Civil Procedure were changed to make it easier to get a summary judgment in court. This means that a party can ask the judge to decide the case without a trial if there are no important facts in dispute. Florida adopted the same standard as the federal courts, which makes it…

In 2019, Florida’s appellate courts issued 12,208 opinions. In the past, they have issued up to 26,800 cases with an average of 24,700 cases per year. Each district court of appeal has a certain number of judges, which means there are a lot of different three-judge panels possible. Since 1982, the appellate courts have only…

Appellate standards of review are the way an appeals court looks at a lower court’s decisions. They usually give deference to the lower court because it saw everything happen in person. But now, with the pandemic, some courts are trying out remote trials with video recordings. This could change how much deference the appeals court…

Voir dire is the process of questioning potential jurors to ensure they are impartial. As courts start to reopen after the pandemic, it’s important to remember how to protect the right to choose an impartial jury. This means raising any concerns about potential jurors during the trial, so that the court has a chance to…

Six years ago, an article in a legal journal called bankruptcy appeals the “ninjas of the appellate world.” It means they come out of nowhere and have different rules and standards. Since then, the U.S. Supreme Court has made two important decisions about which orders in bankruptcy cases can be appealed. Some lower courts have…

The issue of standing is important in the legal system because it ensures that only people with a real interest in a case can take it to court. A recent case, Wallace v. Florida Department of Transportation, dealt with whether a resident, Dr. James Wallace, had a substantial interest in challenging a permit for a…

The U.S. government and each state have strict laws about selling and drinking alcohol. In Florida, these laws are called the Beverage Law. This law says that there must be separate companies that make, distribute, and sell alcohol. They often argue about what the law means and have spent a lot of money to make…

In administrative hearings in Florida, parties are allowed to do discovery, which basically means they can gather and exchange information to help their case. The actual laws and rules are a bit unclear, but in practice, parties usually have the same kind of discovery rights as they would in a regular court case. So, in…

In 2018, Florida made big changes to its Constitution. One important change was that judges and other court officials can no longer rely on what government agencies say about the laws they’re supposed to enforce. This is different from the federal government, where courts often defer to agencies. This Florida change is a big deal…

Florida’s law allows non-lawyers to represent parties in administrative proceedings, but they may not be allowed to continue representing them in appeals to a district court of appeal. This creates a divide between administrative and appellate law. Some people think this divide should change because of issues with people having access to justice in our…

In November, Florida voters will decide if hunting and fishing should be protected in the state constitution. While many people like the idea, the amendment could make hunting and fishing the main way to control wildlife. This might make it easier to allow hunting before trying other ways to protect animals. If passed, this change…

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…

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…