Published in Forum 8, Eighth Judicial Circuit Bar Association, Inc. Newsletter, Vol. 72, No. 7, March of 2013
Last time we talked about the ramifications, ethically and financially, of filing a frivolous appeal. Relatedly, there is also an ethical duty to disclose directly adverse facts and legal authority, at the trial and appellate level, which can be found at Rule 4-3.3(a)(2) & (3) of the Rules Regulating The Florida Bar. As to disclosing adverse legal authority, the Rule uses ...
Published in Forum 8, Eighth Judicial Circuit Bar Association, Inc. Newsletter, Vol. 72, No. 5, January of 2013
How many times have we all heard our adversary yell with righteous indignation: “Judge, we will appeal!” or “Judge, we’ll let the appellate court comment on that”? All too often, certain lawyers recite this threatening mantra after receiving an adverse ruling and convince their client to appeal, not because the ruling is legally or factually ...
Published in Forum 8, Eighth Judicial Circuit Bar Association, Inc. Newsletter, Vol. 72, No. 2, October of 2012
Last month we reviewed some tips to help make your appellate brief easy to read and engaging for the appellate judge. This month, we will review some tips to enhance your oral argument. While I believe that the brief is the most important part of the appeal, oral argument can help you bring the win home. If you do have oral argument in your appeal, here are some ...
Published in Forum 8, Eighth Judicial Circuit Bar Association, Inc. Newsletter, Vol. 72, No. 1, September of 2012
Regardless of any particular judge’s preferences, the following three tips will definitely help enhance your appellate brief. These tips may seem simplistic, but they work and they help the reader – the judge deciding your appeal - follow your argument.
1. Prepare a statement of facts that includes only the relevant facts. Don’t frustrate the reader ...
Published in Forum 8, Eighth Judicial Circuit Bar Association, Inc., Vol. 71, No. 5, September of 2012
While affirming the trial court’s judgment in favor of the defendants/appellees and finding that the trial court’s decision to limit the cross-examination of one of the defendants’ expert witnesses was harmless, the Fourth District Court of Appeal, en banc, reconsidered other decisions of the court describing the harmless error test in civil cases and certified a ...
Published in Forum 8, Eighth Judicial Circuit Bar Association, Inc. Newsletter, Vol. 71, No. 2, October of 2011
On October 1, 2011, new privacy rules become effective in an effort to minimize the amount of unnecessary personal information included in court filings. The Florida Supreme Court adopted the privacy rules as part of its ongoing effort to provide the public with electronic access to non-confidential court records. The Court adopted new Rule of Judicial Administration 2.245 and ...
Published in Forum 8, Eighth Judicial Circuit Bar Association, Inc. Newsletter, Vol. 71, No. 1, September of 2011
In December of 2010, the Florida Supreme Court, in Campanioni, Jr. v. City of Tampa, 51 So. 3d 452 (Fla. 2010), held that when a party objects to attorney misconduct during trial, and the objection is sustained, the party must also timely move for a mistrial in order to preserve the misconduct issue for appellate review of a motion for a new trial. If the issue is not properly ...
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