In this Update:


Don't Miss Our Section's signature events
at the Florida Bar's Annual Meeting
at the Boca Raton Resort and Club,
Boca Raton, Florida in June 2004!

Please plan to attend
The Florida Bar Appellate Practice Section General Meeting

Join us for a Discussion with the Florida Supreme Court and explore issues of concern to the bar, the public, and the judiciary on Thursday, June 24, 2004 from 3:30-4:30 p.m.

The Florida Bar Appellate Practice Section
Meeting Schedule
Annual Meeting - June 24, 2004
Boca Raton Resort and Club, Boca Raton, Florida

8:30 a.m. - 10:00 a.m. Committee Meetings

10:00 a.m. - 12:00 p.m. Section Meeting

3:30 p.m. - 4:30 p.m. Discussion with the Supreme Court of Florida

9:30 p.m. - 11:00 p.m. Dessert Reception

More news on our web site and in the Florida Bar News. For more information contact Austin Newberry, Section Liaison, Phone: 850-561-5624.

All Section Members are welcome to attend all meetings. You do not have to be a committee or executive council member to attend. These meetings are a great opportunity for you to get involved, voice your ideas and stay informed of the Section's events and issues.


Don't Miss Our Section's
Highly Acclaimed
Annual Dessert Reception and Awards Presentation
Celebrating Our 10th Anniversary

Swing to a lively jazz beat and feast on desserts, specialty coffees and liqueurs at the highly acclaimed Dessert Reception and Awards Presentation Celebrating Our 10th Anniversary.

Thursday, June 24, 2004 at 9:30 p.m., Boca Raton Resort and Club, Boca Raton, Florida.


Appellate Practice Section Adkins and Pro Bono Awards

Adkins Award

Nominations are being sought for the Appellate Practice Section's annual Adkins Award, established in 1995 to honor those who have made significant contributions to the field of appellate practice in Florida. The Award, presented at the Section's Annual Dessert reception on Thursday, June 24, 2004 in Boca Raton, celebrates the memory of James C. Adkins.

Please send a letter describing the nominee's contributions to appellate practice to:
The Appellate Practice Section, c/o Austin Newberry
The Florida Bar
651 E. Jefferson Street
Tallahassee, Florida 32399-2300.

Nominations may also be e-mailed to Austin Newberry or faxed to 850-561-5825. All nomination should be received no later than 5:00 p.m. on Monday, May, 24, 2004.

Appellate Practice Pro Bono Award

Nominations are being sought for the Appellate Practice Section's annual Pro Bono Award. This award was created to honor the extensive contributions of time and skill made by appellate practitioners on behalf of Florida's poor. Please send a letter describing the nominee's appellate pro bono activities to:

Please send a letter describing the nominee's contributions to appellate practice to:
The Appellate Practice Section, c/o Austin Newberry
The Florida Bar
651 E. Jefferson Street
Tallahassee, Florida 32399-2300.

Nominations may also be e-mailed to Austin Newberry or faxed to 850-561-5825. All nomination should be received no later than 5:00 p.m. on Monday, May, 24, 2004. The award will be presented at the section's annual dessert reception on Thursday, June 24, 2004 in Boca Raton.


Section Appoints Historian as Section
Celebrates Upcoming Ten-Year Anniversary

In keeping with The Section's upcoming ten-year anniversary, The Section has appointed Steven Stark, the original Chair of The Section, and he has agreed to serve as The Section Historian. Tony Musto, has graciously agreed to assist him. We urge all members who have stories, photos or keepsakes from the early days of The Section to begin sending them to Steve Stark as soon as possible. We encourage anyone wishing to assist in memorializing and perpetuating The Section's great history to contact Steve Stark.


Second District Court of Appeal
February 20th Grand Opening
Oral Argument and Reception
an Historic Event

The Executive Council unanimously agreed to support the grand opening reception of the Second District Court of Appeal in its new offices at the Stetson Law School campus in Tampa, which was by all measures an outstanding success. The first oral argument was held in the new Tampa location at 3:30 p.m., followed by a reception at 4:30 p.m. Section Chair, Jack Aiello describes this historic (and delicious) event in the upcoming issue of The Record.


The Record Continues Online Expansion

The latest issue, produced by Siobhan Shea, Editor, and Valeria Hendricks, Co-Editor, was a success by every measure. The deadline for The Record Summer Issue is May 15th. The Appellate Practice Section Publication, The Record, remains interested in your articles and suggestions concerning matters raising appellate issues.

In the upcoming issue, in addition to the article on the Second DCA's Tampa Law Center Opening by Section Chair Jack Aiello, other articles in this next issue of The Record include:

  • The Honorable Chief Judge Gary Farmer: A Study in Contradictions or Original Thinker?
  • "Judicious Breakfast" Appeals to Dade Bar Appellate Lawyers
  • Rule 1.525: A "Bright-Line" Rule of "Unpleasantness" and "Inequity"-And an Appellate Lawyer's Relief Act?
  • Preservation in Federal Appeals: Untangling the Web
  • Book Reviews: Advocacy on Appeal and Florida Civil Procedure

The Section Supports the Special Committee
on Legal Needs of Children

The Section unanimously approved donating $500 to support one Florida Bar President, Miles McGrain's most special project: supporting the legal needs of Florida's children.


Appellate Telephone Conference CLEs
That Began February 24, 2004 Huge Success!

Be sure to calendar the one-hour lunch-time Appellate Telephone Conference CLEs, which began February 24, 2004. Appellate Telephone Conference CLE Committee Chair, John Mills, has spearheaded the first Telephone Conference CLE for appellate lawyers, designed primarily for Section Members, with issues principally at an intermediate to advanced level. They are held the third Tuesday of every month, starting at 12:10 p.m., for 50 minutes, ending at 1:00 p.m. These CLEs are conducted once each month.

The first seminar was hosted by Matt Conigliaro, and featured a joint presentation by Judge Martha Warner and Chief Judge Gary Farmer of the Fourth District Court of Appeal. They spoke on technology in the courts, including how the judiciary is improving itself through the use of electronic storage and transmission of documents. The judges explained the pilot programs that are planned for the electronic filing of appellate briefs, and discussed what practitioners can expect from electronic filing in the future.

The second seminar was also hosted by Matt Conigliaro, and featured separate presentations by Judge Jacqueline Griffin of the Fifth District Court of Appeal and Judge Morris Silberman of the Second District Court of Appeal. Judge Griffin spoke on expanding the appellate courts, specifically the potential addition of a Sixth District Court of Appeal. She discussed the needs of the appellate courts and the results of various formal and informal studies on whether, or at what point, to expand the present number of districts. Judge Silberman spoke on appellate brief writing and offered insights on how to effectively communicate points through appellate briefs, including some specific do's and don'ts for appellate practitioners.

The third (April) seminar was hosted by Louise McMurray with the assistance of Rob Weill. It addressed recent developments in the law of the case doctrine, including the most recent Florida Supreme Court pronouncements regarding application of law of the case to errors arising prior to judgment that were not made the subject of an appeal. The shift from broad application of law of the case to all errors that "were or could have been" raised on appeal to a presumably more narrow application to issues actually heard and determined on appeal was the focus, along with the new specter that "waiver" of an issue may still result in application of law of the case after remand.

The timing and content of these conferences could not be better for Section Members. So be sure to mark your calendars, and sign up promptly when the notices are sent so that you do not miss these terrific seminars.


 CLE Credits
Hot CLE Information
Since our last Update, the Section has produced "Seminars: Let My People Go, Or Not" and "Preservation of Error," of which both were well-attended and received. The Board Certification Review Seminar this year was hosted in Orlando on January 30, 2004. The Section co-sponsored the Appellate Practice and Advocacy Seminar, which was scheduled February 5th and 6th in New Orleans. The Section co-hosted a joint seminar with the Workers' Compensation Section, and will host the June 24th "Inside the Supreme Court" Seminar. Look for more news on our web site and in the Florida Bar News.
What Else Is Happening?

The Section's web site continues to undergo improvements. Monthly updates of Section events and news will continue to be posted. All non-current editions of The Record are continuing to be scanned for posting to the web site. A searchable index will be added within the next year. To see the latest on the web site, go to flabarappellate.org.


The Section Is Always Looking for Good People. Get Involved!

The Appellate Practice Section is always looking for articles for publication in The Record or the Florida Bar Journal. Submissions for The Record may be made to Siobhan Shea, Editor,or Valeria Hendricks, Co-Editor. Submissions for the Florida Bar Journal may be made to Tom Hall, Publications Committee Chair and Clerk of the Florida Supreme Court.

Please direct your ideas and drafts to Siobhan Shea and Valeria Hendricks, Editor and Co-Editor of The Record.