2021 |
Michael G. Tanner: President of The Florida Bar by Jim Ashe July/August 2021
A Primer on Florida’s New Summary Judgment Standard by Joseph W. Etter and Julia Kapusta July/August 2021
Preventing Re-Victimization of Sexual Harassment Victims: The Limits of Discovery of Plaintiff’s Intimate Past in Sexual Harassment Suits by Travis R. Hollifield July/August 2021
Can Selection of a Trustee be a Material Purpose Under F.S. §736.0706(2)(D)? Laird A. Lile, Edmond E. Koester, and Matthew B. Devisse July/August 2021
For Whom the Statute Tolls: An Analytical Look at the Tolling Provision in Florida’s Product Liability Statute of Repose by Donald A. Blackwell and Stephanie M. Simm May/June 2021
An Analysis of Current Florida Law in Connection with Recovering Fees on Fees by Edmond E. Koester and Matthew B. Devisse May/June 2021
Forum Selection in Administrative Appeals and the “Home Venue Privilege” by William S. Bilenky May/June 2021
Lawyer Referral Fees and the (Unintended?) Legacy of Noris by Mark J. Sullivan and Andrew M. Feldman March/April 2021
En Banc Hearings, by the Numbe by William D. Slicker March/April 2021
Courtroom Canines are Leading Courtroom Accommodations for Children by Ashley Joan Englund and Kelsey Beirne March/April 2021
Zooming in on the Impact Florida’s Remote Civil Jury Trials May Have on Appellate Standards of Review by Rachel A. Canfield January/February 2021
Enter the Twilight Zone: The Iconbrickell Case and Mixed-Use Condominiums by Martin A. Schwartz January/February 2021
A Review of the 2020 Amendment to Rule 30(B)(6): A Guide for Practitioners onHow to Apporoach the New Corporate Deposition Process by Tiffany Ward and Jessica Kennedy January/February 2021 |
2020 |
Social Media and the Progressive Limitations on Public Sector Employees’ First Amendment Right to Free Speech by Gregory A. Hearing, Don Slesnick, Daiquiri Steele, and Matthew A. Bowle November/December 2020
Enjoining Employment Based on “Inevitable” Misappropriation: Yes, No, Maybe So! by Jerold I. Schneider November/December 2020
The Preservation of Error During. Voir Dire by Daniel A. Rock November/December 2020
Respectfully Dissenting: How Dissenting Opinions Shape the Law and Impact Collegiality Among Judges by Iman Zekri September/October 2020
When Bankruptcy Appeals Attack: Refining the Flexible Approach to Finality in Bankruptcy Proceedings by Ceci C. Berman and Joseph T. Eagleton September/October 2020
New Pro Bono Programs to Reframe the Way Domestic Violence Injunction Opinions are Written by Morgan Weinstein July/August 2020
District Court Review of Mandamus Proceedings in Land-use Litigation: Certiorari or Appeal? by John G. Woodlee May/June 2020
The Daubert Expert Standard: A Primer for Florida Judges and Lawyers by Thomas S. Edwards, Jr., and Jennie R. Edwards March/April 2020
Trial Court Rehearings Compared with Appellate Court Rehearings by H. Michael Muñiz March/April 2020
Pets Should Receive Special Consideration in F.S. Ch. 61, Dissolution and F. S. Ch. 741, Domestic Violence by Margherita Downey and Sherry Andrews March/April 2020
Not a Foregone Conclusion: The Importance of Advocating for a Favorable Remand Instruction in a Civil Appeal From a Final Judgment by Courtney Fernald March/April 2020
Waters of The United States: A New Era for Federal Wetland Jurisdiction by John J. Fumero, Carlyn H. Kowalsky, and John K. “Jack” Rice March/April 2020
The Demise of Agency Deference: Florida Takes the Lead by Frank Shepherd, Roberto Martínez, Ben Reaveley, and Savannah Padgett January/February 2020
Is it Over Yet? A Primer on Federal and State Appellate Finality Doctrines by Thomas A. Burns and Arda Goker January/February 2020
New Evolutions in the Law of Climate Change and Sea-Level Rise by Erin L. Deady January/February 2020 |
2019 |
Indemnification is Good, But Advancement is Even Better: Make Sure You Know the Difference and Level the Playing Field From the Start by David A. Rothstein, Lorenz Michel Prüss, and Elliot B. Kula November/December 2019
Parties Beware: Your Qualified Representative in an Administrative Proceeding Might Not Be Qualified to Represent You if You Decide to Pursue an Appeal Richard J. Shoop November/December 2019
Inconsistent, Inadequate, Unbalanced, and Compromised: Breaking Up with Flawed Verdicts James Sherman November/December 2019
Simon, A Slave V. The State of Florida: The Precedent-Setting Decision Establishing Confessions Extracted by Threats or Promises are Inadmissible at Trial by David C. Hardy September/October 2019
New Developments in Inverse Taking Law for Government-Incited Public Actions that Impair Private Property Value by David K. Miller September/October 2019
How to Lose a Judicial Law Clerk in 10 Ways by Kristen Bond and A. Mireille Fall Fry September/October 2019
Limiting the Florida Homestead Exemption by Broadening the Application of the Fraud or Egregious Conduct Exception by Mariane L. Dorris and R. Scott Shuker July/August 2019
Restraining Justice: How Florida Can Better Aid Pro Se Survivors of Domestic Violence with Appeals of Injunction for Protection Cases by Caitlyn R. Shield Waksler July/August 2019
To the “Victim” Go the Spoils: The Evolution and Operation of Spoliation of Evidence Law in Florida Product Liability Cases by Donald A. Blackwell and Stephanie M. Simm May/June 2019
OH NO! NOT A PER CURIAM AFFIRMED DECISION ON MY APPEAL Oh No! A Per Curiam Affirmed Decision on My Appeal by H. Michael Muñiz May/June 2019
When is a Motion for Rehearing Necessary to Preserve for Review a Trial Court’s Error in Failing to Make Factual Findings? by Daniel A. Bushell May/June 2019
A Critical Examination of Glass V. Nationstar Under Contract Principles by Manuel Farach May/June 2019
Legal Challenges to Arbitration Awards: Part II by Donald J. Spero May/June 2019
Welcome to the Hotel St. Moritz: A Warning Concerning the Window in Which to Seek Appellate Review of Corrected, Amended or Modified Orders by Chance Lyman March/April 2019
What Does Gender Bias Look Like in Real Life? WHAT DOES GENDER BIAS LOOK LIKE IN REAL LIFE? Kristen L. Palacio March/April 2019
Legal Challenges to Arbitration Awards: Part I by Donald J. Spero March/April 2019
From Brooklyn to Biscayne Bay and on to Tallahassee: The Remarkable Story of Former Supreme Court Chief Justice Gerald Kogan by Seth H. Bramson March/April 2019
Dicing it Up: Does a Sliver of the Automatic Stay Remain for Repeat Debtors? by Dana L. Robbins March/April 2019
Navigating the Differences in Circuit Court Appellate Jurisdiction for Nonfinal Orders by Heather M. Kolinsky January/February 2019
The 2018 Florida Bar Criminal Justice Summit: A First Step in Improving Florida’s Criminal Justice System by Ellen S. Podgor January/February 2019
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2018 |
Raise Your Standards: A Practitioner’s Guide to the Effective Use of the Appellate Standards of Review by Rachel Canfield November 2018
To Err is Human, But the Tipsy Coachman Rule Can Get the Trial Judge Home by Sylvia H. Walbolt and E. Kelly Bittick, Jr. September/October 2018
Preserving Claims of Error in Florida Federal and State Civil Actions: Some Common Rules by Ernesto J. Sanchez July/August, 2018
No Time Like the Present: The Right to Immediate Appeal of Orders Addressing Workers’ Compensation Immunity by James W. Sherman June, 2018
Same, Similar, and Everything in Between: Appellate Courts’ Review of the Same-Specialty Requirement for Presuit Experts in Medical Malpractice Cases by Sarah Lahlou-Amine and Gabrielle Osborne May, 2018
The Chasm in Florida Appellate Law: Intra-Circuit Conflicting Appellate Decisions by J. Sebastien Rogers April, 2018
Unpreserved Errors Are All the Same, Right? Not Exactly by Tracy S. Carlin March, 2018
Appellate Mediation: The Art of Settling After the Trial Court Has Ruled by Diane G. DeWolf February, 2018 |
2017 |
Too Little, Too Late? Trial Court Motions for Rehearing and Their Appellate Implications by Jared M. Krukar and Dineen Pashoukos Wasylik December, 2017
Shifting Requirements for Preservation of Error: Retreat from Reviewability Under Kozel v. Ostendorf by Morgan L. Weinstein and Alexis Fields November, 2017
Jurisdiction, That Is the Question: Keeping Your Case in Federal Court After the 11th Circuit Issues a Jurisdictional Question That Stalls Your Appeal by Jay A. Yagoda September/October, 2017
What You Don’t Know Can Hurt You (and Your Client’s Appeal): Understanding Recent Amendments to the Federal Rules of Appellate Procedure by Joseph T. Eagleton July/August, 2017
Legal Citation: Which Guide Should You Use and What Is the Difference? by Wendy S. Loquasto June, 2017
Hamilton’s Final Act Leaves a Legacy in Florida Law by Nancy Maass Kinnally March, 2017 |
2016 |
Off The Record Or Not? by Sylvia H. Walbolt and Nicholas A. Brown December, 2016
Moot Courts for Real Appeals by Gerald B. Cope, Jr. November, 2016
Legalizing the Appellate Introduction by Chris W. Altenbernd September/October, 2016
Teaching Our Teachers: The Justice Teaching Institute by Annette Boyd Pitts May, 2016
Attorneys’ Fees on Appeal: Misapplication of the Law of the Case Doctrine Raises Procedural and Substantive Due Process Concerns by Larry R. Fleurantin and Manu Leila Davidson March, 2016
On What Grounds? Challenging an Arbitration Award Under Federal and Florida Law by Jonathan S. Tannen February, 2016
A Brave New Appellate E-World by Rachel A. Canfield January, 2016 |
2015 |
Revisiting the Florida Supreme Court’s Conflict Jurisdiction to Review Per Curiam Affirmances Signaling Contrary Authority by Andrew L. Adler December, 2015
The Right to Relief: Untimely Notice of an Appealable Order by Katherine E. Giddings and Michael J. Larson November, 2015
Appealing Post-Judgment Orders: The Path to Appellate Review Under the New Rule 9.130(a)(4) by Thomas J. Seider September/October, 2015
“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 by Carol M. Rooney July/August, 2015
What Makes a Case or an Issue One of Exceptional Importance? by Judge Douglas A. Wallace May, 2015
The Perfect Proffer by Jason S. Lambert April, 2015
Judge-Friendly Briefs in the Electronic Age by Ellie Neiberger February, 2015 |
2014 |
The Misapplication Theory of Express and Direct Conflict Jurisdiction: The Florida Supreme Court Expands its View of its Powers by Nancy Ryan December, 2014
A Wrong Without a Remedy: Can the Erroneous Grant of a Batson Objection Ever Constitute Reversible Error? by Jonathan D. Colan November, 2014
A Wrong Without a Remedy: Can the Erroneous Grant of a Batson Objection Ever Constitute Reversible Error? by Jonathan D. Colan November, 2014
Object Now or Forever Hold Your Peace: Demonstrating Fundamental Error in Civil Appeals by Rachel A. Canfield September/October, 2014
Bankruptcy Appeals: A Stealthy and Different Kind of Appeal by Ceci Berman April, 2014
A Tribute to Justice Arthur J. England, Jr.: Father of Florida’s Modern-day Appellate Judicial Structure by Andrew L. Adler February, 2014
Protecting Your Injunction on Appeal in Trial Court by Thomas Ward January, 2014 |
2013 |
Early Appellate Remedies: Partial Final Judgments by Jay A. Yagoda December, 2013
Elimination of Florida Terms of Court and its Effect on Appellate Mandates by Scott S. Amitrano November, 2013
Orders on Motions to Dismiss for Failure to State a Cause of Action — When Are They Final for Purposes of Filing Notice of Appeal? by Carol A. Gart September/October, 2013
The Impact of a Bankruptcy Filing on a Pending Appellate Proceeding by Judge Douglas A. Wallace March, 2013
What Are My Chances? Federal Courts of Appeal by the Numbers by Erik W. Scharf and Wayne R. Atkins January, 2013 |
2012 |
Appellate Stays in Civil Cases: Florida and Federal Courts Offer More Security Flexibility than Believed, But Stay Violations Still Have Teeth by Dorothy F. Easley December, 2012
Florida Appellate Rules Should Allow for Interlocutory Appeal of Decisions to Deny Jury Trial by Mark Miller November 2012
New Appellate Rule for Probate and Guardianship Proceedings by Rebecca Bowen Creed and Jennifer Shoaf Richardson September 2012
An Appellate Lawyer’s Top 10 Land Mines in Civil Litigation by Jennifer S. Carroll August 2012
Don’t Waive Your Appeal: A Guide to Preserving Trial Error by Shannon Tan April 2012
Certiorari Review of Nonfinal Orders: Trying on a Functional Certiorari Wardrobe, Part II by Judge Chris W. Altenbernd and Jamie Marcario March 2012
Certiorari Review of Nonfinal Orders: Does One Size Really Fit All? Part I by Judge Chris W. Altenbernd and Jamie Marcario February 2012
The Stay of Judgments and Proceedings in Florida State Courts by Anthony J. Russo January 2012 |
2011 |
“Controlling Jurisdiction” and the Duty to Disclose Adverse Authority: Florida’s District Courts of Appeal Reign Supreme on Matters of First Impression by Keith W. Rizzardi December 2011
If At First You Don’t Succeed, Should You Try Again? Motions for Rehearing on Appeal by Carol M. Rooney November 2011
Taking a Swing at Appellate Brief Writing by Judge James R. Wolf September/October 2011
The Butler Tetralogy: The Tipsy Coachman Doctrine Revisited by James A. Herb and Kimberly J. Kanoff July 2011
Coram What? An Introduction to Federal Special Writs by Erik W. Scharf and Wayne R. Atkins June 2011
If at First You Don’t Succeed: Understanding Judicial Doctrines of Finality by Brandon R. Christian May 2011
The Conflict PCA: When an Affirmance Without Opinion Conflicts with a Written Opinion by Ezequiel Lugo April 2011
The “Essential Requirements of the Law” — When Are They Violated? by Sylvia H. Walbolt and Leah A. Sevi March 2011
Three Simple Ways to Improve Your Briefs by Raoul G. Cantero February 2011
Ethics and Professionalism on Appeal by Judge Peter D. Webster January 2011 |
2010 |
Judicial Notice on Appeal: A History Lesson in Recent Trends by Dorothy F. Easley December 2010
The Record on Appeal: What Do You Do When There Was No Court Reporter? by Amy L. Miles November 2010
Order in the Courts: The Ongoing Challenge of Safeguarding Against Frivolity and Extortion by Woody Robert Clermont September/October 2010
Florida State and Federal Appellate Rules: Distinctions with a Difference by Thomas A. Burns June 2010
Judging Your Appeal: A Practitioner’s Perspective by Jack R. Reiter May 2010
The Art of Persuasion Through Legal Citations by Susan W. Fox and Wendy S. Loquasto April 2010
Jumping the Gun: Premature Appeals in Civil Cases by Bretton C. Albrecht March 2010
Sounds and Images of Persuasion: A Primer by Steven Wisotsky February 2010
Toward a More “Convenient” Standard of Review in Cases Involving Forum Non Conveniens Issues by Alina Alonso and David L. Luck January 2010 |
2009 |
The Continuing Story of Certiorari by Matthew J. Conigliaro December 2009
Taking the Pathway of Discretionary Review Toward Florida’s Highest Court by Diana L. Martin and Robin I. Bresky November 2009
Original Proceedings, Writ Large by Sylvia H. Walbolt and Joseph H. Lang, Jr. October 2009
Time Is on My Side: Four Steps to Applying the Correct Law by Brandon R. Christian and Kristin A. Norse July/August 2009
Reconsideration or Rehearing: Is There a Difference? by James H. Wyman June 2009
Review of Orders Dismissing or Defaulting For Discovery Violations: The Evolution of the Abuse of Discretion Standard by Dean A. Morande May 2009
The Appeal of Appellate Mediation: Making the Case for an Attractive Dispute Resolution Tool by Jeanette Bellon and Sharon C. Degnan March 2009
How to Interpret Statutes — or Not: The Phantom of Plain Meaning by Steven Wisotsky January 2009 |
2008 |
Why Punitive Damages and Criminal Sentences Are Reviewed Differently and What it Means to Your Appeal by Jonathan D. Colan December 2008
“I Must Dissent.” Why? by Sylvia H. Walbolt and Stephanie C. Zimmerman November 2008
Déjà Vu in Florida Courts: When Courts “Re-view” the Law of the Case by Sarah Lahlou-Amine October 2008
Avoiding Appellate Mistakes: A Primer for the General Practitioner by Duane A. Daiker July/August 2008
The Joy of Editing: Better Appellate Briefs by Raymond T. Elligett, Jr. and Amy Farrior June 2008
The Appellate Opinion Is Out — Now What Do I Do? by Betsy Ellwanger Gallagher and Amy Miles May 2008
We’re Back: The Appellate Court Said You Didn’t Find Anything by Jonathan M. Streisfeld April 2008 |