Tag: law-firm

In the past, RICO laws were made to fight organized crime, but now they are used in regular business disputes. People like to use RICO claims because they give more money and let them bring up old conduct in court. To make a RICO claim, the person filing it has to show a pattern of…

Just tell me the important stuff in simple terms. Don’t worry about the extra details or the names of the law firm and lawyer. The government has created new ways for local governments to use tax increment financing. One way is to help fix transportation problems in certain areas. The other way is to help…

The legislature passed a bill (S.B. 360) that gives some extra money for infrastructure, but it’s not enough to cover all the needs. The bill was being changed and negotiated up until the last minute, so no one really knows what’s in it. It’s likely that there will be another bill in 2006 to fix…

The Florida Legislature made a lot of changes to how local governments can make plans for growth in 2011. They wanted to give more power to local governments and make it easier for them to make their own decisions about how their area should grow. They also got rid of a state agency that used…

A law firm was representing clients dealing with a state agency. The lawyer from the firm contacted employees of the agency to get information for potential legal cases. But the agency said all communication must go through their lawyer. This led to the adoption of Ethics Opinion 09-1, which says lawyers can’t talk directly to…

State and local governments in Florida are trying to decide if they should use social media like Facebook and Twitter to reach people. Some think it’s a good way to connect with people who use these sites, but others are worried about breaking the law by sharing public records on social media. Those who decide…

Honest services fraud is when a public official or government worker is accused of not doing their job honestly. This can include things like not disclosing conflicts of interest. The government has used this law to prosecute many different types of government workers. The basic idea is that the public deserves honest and faithful service…

Lawyers have a duty to be truthful, especially when handling appeals. Even though lawyers may be representing clients, they still have to be honest. There are rules that prevent lawyers from making frivolous arguments in court, and pursuing a frivolous appeal can lead to consequences for both the lawyer and the client. It’s important for…

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,…

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…

Florida’s courts have the power to dismiss a case or default a defendant if they don’t follow a court order to share information. But what counts as abusing this power has changed over time. This article looks at how the courts decide if they’ve gone too far in these situations. Discovery violations can come in…

When an appellate court makes a decision, it is usually final. However, sometimes the case is sent back to the trial court for more proceedings. The law of the case means that once an issue is decided by the appellate court, it can’t be re-litigated in the same case. But there are exceptions to this…

In Florida, there’s a rule that says you can only appeal a court decision if it’s a final judgment that ends the case completely. But there are some exceptions, like when a court decides on a part of the case before the whole thing is finished. In state court, you can appeal these “partial final…

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’…

In Florida, judges are big on looking at the exact words of the law when making their decisions. This is called textualism, and it’s a really important thing to know about if you’re a lawyer practicing in Florida. There’s a famous book called Reading Law that explains textualism in detail, and it’s been cited a…

Florida appellate courts are supposed to correct errors, but sometimes they might not if they think the error didn’t really affect the outcome, or if they affirm a decision even though there was a mistake because they think the result is still the right one. This is called the “tipsy coachman” rule, which comes from…

In short, the article talks about how John Doe is suing a big company for not paying him fairly. He hired the law firm Smith & Associates to help him in the court case. The company is denying the allegations and says they treated John fairly. The case is still ongoing. In 1996, Florida made…