On January 1, 2023, Florida’s newest district court of appeal officially began operations—the first time a new appellate court opened in our state in 44 years. Chief Judge Meredith Sasso (formerly of the Fifth District Court of Appeal) immediately issued eight administrative orders, which basically function as...Read More
What began in 2019 as part of a major overhaul of the Florida court system will come to a completion on January 1, 2023, with two significant changes coming to Florida courts.Read More
On August 25, 2022, on its own motion, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530 now to require a motion for rehearing before challenging on appeal “the sufficiency of a trial court’s findings in the final judgment.” While at first glance this...Read More
While the Third and Fourth District Courts of Appeal will not change, the boundaries will be moved for the other three Districts in order to carve out an area for the new Sixth District Court of Appeal.Read More
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
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
Amendments to the Federal Rules of Appellate Procedure will take effect December 1, 2016. Steve Maher discusses the controversial change in reduction of type-volume limitations for appellate briefs.Read More
Can filing a motion for rehearing blow a party’s right to appeal? Yes! Suzanne Labrit outlines three common ‘minefields’ to avoid when considering a motion for rehearing.Read More
When is a motion for rehearing essential? Jake Monk explains when it is critical to move for rehearing in order to preserve an issue for appellate review.Read More
We review the issues and arguments presented, and summarize the opposing positions, on the pending question of whether Daubert or Frye will be the standard for admissibility of expert evidence in Florida courts. Read More
Shutts & Bowen’s Appellate Law Blog analyzes and discusses recent cases, news and trends of interest to appellate practitioners and trial lawyers litigating cases likely to result in appeals. Our experienced authors will cover how to navigate the appellate process, covering topics such as appellate jurisdiction and...Read More
Search Blog
Subscribe Today
Follow Us
Recent Posts
- Taking an Appeal to Florida’s New Sixth District Court of Appeal? Three Local Rules You Need to Know
- Two Significant Changes Coming to Florida Courts on January 1, 2023
- Motions for Rehearing Are Now Required to Preserve for Appeal Challenges to the Sufficiency of Findings in a Final Judgment
- Everything You Need to Know About Florida’s New Sixth District Court of Appeal: Changing District Boundaries, Judicial Reassignments & More
- Eleventh Circuit Case Law Update: Ruhlen v. Holiday Haven Homeowners, Inc. Illustrates Just How Difficult it is to Appeal a Remand Order
- The Rules, They Are A Changin’: Recent Amendments to the Florida Rules of Appellate Procedure and the Florida Rules of Judicial Administration
- Attorney’s Fees on Appeal: Part I - Preserving the Appellee’s Attorney Fee Award
- Florida Defies Trend, Rejects Daubert Standard for Expert Opinion Evidence
- Jury Instructions, Part I: Preserving Your Appellate Issues
- How to Obtain a Stay of a Money Judgment Pending Appellate Review
Popular Categories
Editors
- Associate
- Partner
- Partner
- Partner
- Of Counsel
- Associate