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The Florida Bar Journal

The Florida Bar Journal is the premier source of practical articles on Florida law. The following are a compilation of articles pertaining to appellate practice.

For more information about the Florida Bar Journal, please click HERE.


Trial Court Rehearings Compared with Appellate Court Rehearings
by H. Michael Muniz
March/April 2020

Is It Over Yet? A Primer on Federal and State Appellate Finality Doctrines
by Thomas A. Burns and Arda Goker
January/February 2020


Welcome to the Hotel St. Moritz: A Warning Concerning the Window in Which w=to Seek Appellate Review of Corrected, Amended or Modified Orders
by Chance Lyman
March/April 2019

Navigating the Differences in Circuit Court Appellate Jurisdiction for Nonfinal Orders
by Heather M. Kolinsky
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