The Florida Bar Journal

The Florida Bar Journal is the premier source of practical articles on Florida law. To access the Florida Bar Journal, please click HERE.

The following are a compilation of articles pertaining to appellate practice.

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
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
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! 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?
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
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
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
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
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
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
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
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
“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
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
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
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