Florida Appellate Law Blog

Practitioners who litigate frequently in federal court already know the Herculean task of trying to appeal a remand order sending a removed case back to state court.  Typically, by express rule, a defendant has no appellate recourse if a district court remands a case.  Subject to extremely limited and specific exceptions...Read More

In our latest Florida Appellate Law Blog post, Fort Lauderdale associate Amy Wessel discusses some of the notable amendments to the Florida Rules of Appellate Procedure and Florida Rules of Judicial Administration that will go into effect on January 1, 2019.Read More

A separate motion for attorney’s fees must be timely filed in an appeal in order to recover attorney’s fees incurred in the appeal, even if the fee award is mandated by statute...and even if the trial court declared that you are the “prevailing party”.Read More

In a 4-3 majority opinion authored by Justice Peggy Quince, the Florida Supreme Court declared the Florida Legislature’s 2013 Daubert amendment to the Florida Evidence Code unconstitutional. Read More

A trial lawyer must always take special care to properly preserve a trial court’s errors relating to jury instructions.Read More

In most cases, the filing of a notice of appeal does not automatically stay a judgment pending appeal. In our latest Florida Appellate Law Blog post, Fort Lauderdale associate Amy Wessel discusses how to obtain a stay of a money judgment while your appeal is pending.Read More

Stop! Have you ever wanted to say this before a trial judge rules? Read More

Second-tier certiorari represents the only avenue for further review of a circuit court appellate decision.Read More

In this post, which is the first in a series on original proceedings, Jennifer Sommerville and Suzanne Labrit provide a primer on the basics of common law certiorari jurisdiction and procedure with respect to non-final orders in civil cases. Read More

Attorney Jennifer Sommerville explains why appellate attorney practitioners need to be careful when drafting any order determining that a party is not entitled to statutory immunity. The words "as a matter of law," can make all the difference. Read More