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Appellate Law

The Florida Appellate Blog

Covers the Florida state appellate courts and the United States Court of Appeals for the Eleventh Circuit.
By Lonn Weissblum

Post Frequency: 0.4/day

Last Entry: February 11, 2009 at 15:05:45

Lawyers Are Professional Writers

Posted on February 11, 2009
As an appellate lawyer, I take writing very seriously. Success on appeal involves much more than being able to navigate the procedural aspects of handling the appeal. Since many appeals are decided exclusively on the briefs, the appellate lawyer’s writing ability is critical to success...

Adequacy of Faretta Inquiry

Posted on February 09, 2009
In Petty v. State, No. 1D07-4976 (Fla. 1st DCA Jan. 30, 2009), the defendant challenged his convictions and sentences for lewd and lascivious battery and unlawful sexual activity, arguing that the trial court failed to conduct an adequate inquiry under Faretta v...

Parol Evidence and Contradictory Will Provisions

Posted on February 06, 2009
In Garcia v. Celestron, No. 3D08-548 (Fla. 3d DCA Feb. 4, 2009), the appellant, who was the personal representative of her father’s estate and one of six beneficiaries of her father’s will, argued that the trial court improperly received parol evidence to determine her father’s intent...

Supreme Court: Governor Not Authorized to Sign Abramson?s Commission

Posted on February 04, 2009
Today, the Florida Supreme Court issued its advisory opinion on the issue of whether Governor Crist was authorized to sign the commission of Palm Beach County circuit judge-elect William Abramson. According to the Court, it was required to determine whether suspended lawyers are “member[s] of the bar of Florida” for the purpose of satisfying the [...

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Rappin? Pro Se Appellant Gets the Win

Posted on February 03, 2009
A pro se appellant in Wisconsin recently won his appeal after composing rap lyrics to include in the argument headings of his Reply Brief. Check out the Reply Brief by clicking here. Thanks to Louisiana appellate attorney Ray Ward for discussing the case on his blog.

Motions for Attorneys? Fees and Rule 1.525

Posted on January 30, 2009
In a 4-2 decision on Thursday (Justice Polston did not participate), the Florida Supreme Court held that Florida Rule of Civil Procedure 1.525 does not apply when a trial court: (1) already determined the entitlement to attorneys’ fees and costs in its final judgment; and (2) reserved jurisdiction only to determine the amount of attorneys’ [...

Discovery Violations and Attorney?s Fees

Posted on January 28, 2009
In Whitney v. Hill, No. 5D07-3825 (Fla. 5th DCA Jan. 23, 2009), the defendant below appealed from: (1) a final judgment entered after the trial court struck his pleadings and entered a default against him due to various discovery violations; and (2) the trial court’s order assessing attorney’s fees against him...

Migration to WordPress

Posted on January 27, 2009
Just wanted to advise my loyal readers that I officially migrated The Florida Appellate Blog to a self-hosted WordPress blog. Everything seems to have transferred smoothly to the new platform, and I plan to return to discussing the latest developments in the Florida appellate courts tomorrow...

Good Advice: The Top 30 Writing Blogs, Legal or Otherwise

Posted on January 26, 2009
Simply put, the power of the pen is an important key to an appellate attorney's success. Most appeals are decided solely on the written briefs submitted by the parties and without oral argument. Even if there is oral argument, the...

Good Advice: The Top 30 Writing Blogs, Legal or Otherwise

Posted on January 26, 2009

Supportive Relationship Under Section 61.14 Requires Reduction or Termination of Alimony

Posted on January 21, 2009
Today, in French v. French, No. 4D06-3860 (Fla. 4th DCA Jan. 21, 2009), the Fourth DCA agreed that the former wife was in a supportive relationship and remanded the case for the trial court to consider either a reduction or...

Supportive Relationship Under Section 61.14 Requires Reduction or Termination of Alimony

Posted on January 21, 2009

RSS Feed Address Change

Posted on January 19, 2009
For those of you who subscribe to The Florida Appellate Blog via RSS feed, there has been a slight change in the feed address. The new address is: http://feeds2.feedburner.com/TheFloridaAppellateBlog. Please change the address in your feed reader. For a short...

RSS Feed Address Change

Posted on January 19, 2009

Real Estate Licenses and Suspensions

Posted on January 16, 2009
The downturn in the economy has resulted in an increase of appeals to the Florida District Courts of Appeal from license suspensions imposed by the Florida Department of Business and Professional Regulation ("DBPR"). In some cases, the suspension imposed by...

Real Estate Licenses and Suspensions

Posted on January 16, 2009

Fifth DCA JNC Showdown With Governor Crist Continues

Posted on January 14, 2009
The saga continues . . . After the 5th DCA Judicial Nominating Commission declined to revise its list of nominees for the vacancy on the 5th DCA, the governor has requested that the JNC reconvene and send him a new...

Fifth DCA JNC Showdown With Governor Crist Continues

Posted on January 14, 2009

Exclusion of Tortfeasor From Verdict Form, Evidentiary Rulings, and Harmless Errors

Posted on January 12, 2009
In Petit-Dos v. School Board of Broward County, No. 4D07-2534 (Fla. 4th DCA Jan. 7, 2009), the plaintiff, who suffered serious injuries when a pick-up truck struck her as she attempted to cross the street after exiting a school bus,...

Exclusion of Tortfeasor From Verdict Form, Evidentiary Rulings, and Harmless Errors

Posted on January 12, 2009

Plea Agreements and Revocation of Probation

Posted on January 08, 2009
In Gipson v. State, No. 4D06-4635 (Fla. 4th DCA Jan. 7, 2009), the defendant appealed from an order denying his motion for relief from an order revoking probation and sentencing him to 10 years in prison. The defendant initially pled...

Plea Agreements and Revocation of Probation

Posted on January 08, 2009

Marital Settlement Agreements and Relief from Judgments

Posted on January 05, 2009
Family law and appellate attorneys in Florida should take note that there are limited circumstances in which a party can obtain relief from a judgment under Florida Rule of Civil Procedure 1.540(b) after the passage of the deadline to file...

Marital Settlement Agreements and Relief from Judgments

Posted on January 05, 2009

Unemployment Appeals Commission: Misconduct or Not?

Posted on December 31, 2008
According to Section 443.101(1)(a), Florida Statutes (2008), an individual can be disqualified from receiving unemployment compensation benefits if she was discharged for misconduct connected with his or her work. "Misconduct" is defined as follows:"Misconduct" includes, but is not limited to,...

Unemployment Appeals Commission: Misconduct or Not?

Posted on December 31, 2008

Dismissals With Prejudice and Appropriate Sanctions

Posted on December 29, 2008
In Shortall v. Walt Disney World Hospitality, No. 5D07-3235 (Fla. 5th DCA Dec. 24, 2008), the plaintiff below appealed from an order dismissing her case with prejudice based on a finding that she failed to respond to four discovery requests...

Judicial Appointment Controversy Heats Up

Posted on December 23, 2008
Over the last week, the controversy surrounding Governor Crist's requests that two JNCs provide him with more diverse lists of nominees to the Florida Supreme Court and the Fifth DCA has heated up. According to an article in today's Orlando...

An Issue of Great Public Importance or Not?

Posted on December 23, 2008
Under Florida Rule of Appellate Procedure 9.030(b)(4), the District Courts of Appeal have discretionary review powers of final and non-final orders of the County Court that are otherwise appealable to the Circuit Court when the County Court certifies an issue...