Florida Appellate Law Blog

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

Board certified appellate attorney Suzanne Labrit explains the mechanics of enforcement of mandates.Read More

An appellate court determines the finality of an order, judgment or decree when the order constitutes an end to the judicial labor in the cause and nothing further remains to be done by the court. Although this standard seems straightforward, its application often proves to be tricky. In this post, Amy Wessel explains how to...Read More

Is something lost when a Judge reads our argument only from an electronic screen? Steve Maher examines this question and offers suggestions about how to approach briefing in the ‘post-revolutionary” environment.Read More

Tampa partner, board certified appellate lawyer Suzanne Labrit explains how the ‘tipsy coachman’ doctrine may provide a basis for affirmance even if the trial court’s reason for its ruling is not the ‘right’ reason.Read More

What is the difference between the two rules? Simply put, one leaves the door open for new arguments while the other keeps it shut.Read More

Any Florida appellate attorney worth their salt is familiar with the Applegate line of cases requiring the appellate court to affirm the judgment on appeal when the appellant has not provided a record adequate to demonstrate reversible error. Although it may be tempting to rely on such caselaw when your opponent fails to...Read More