Appeals in Brief
When is an Error Harmless?
People make mistakes. Even lawyers. Even judges. We are all human after all, and to be human is to be fallible. In the pressure-packed environment of a trial or hearing, the probability that a mistake will be made is even greater. Part of the job of an appellate...
Legal Writing in the Age of iPads
In the past few years, the strangest things have started appearing in appellate decisions: images. That has been seen as so revolutionary that it has been widely covered in the legal press, with 7th Circuit opinions authored by Judge Richard Posner (as is often the...
Congratulations to Florida’s Retained Supreme Court Justices and Appellate Judges
The Florida Supreme Court justices and District Court of Appeal judges who were up for retention votes this year had a great day yesterday. Congratulations go out to all of the retained justices and appellate judges: Florida Supreme Court: Justice R. Fred Lewis...
The Non-Political Reasons I’m Voting Yes to Retain Our Supreme Court Justices
I'm voting "yes" to retain the 3 justices of the Florida Supreme Court who are up for a retention vote this year -- and I urge the readers of this blog to do the same. That may seem out of line with the general non-political/non-partisan tone of this blog. It's not....
Supreme of Court of Florida Ushers In Electronic Service, Electronic Filing, and Electronic Discovery
The Supreme Court of Florida has created quite a stir among the less tech-savvy members of the legal community (and who don't practice in federal court) with its June 2012 announcement that Florida courts are about to join the electronic age. Preparation for these...
Chief Justice Is Swing Vote As Supreme Court Upholds PPACA
As by now you may have heard, in a move that defied the pundits and the odds-makers, the Supreme Court of the United States upheld the Constitutionality of the Patient Protection and Affordable Care Act. Here's a link to the opinion. Chief Justice ROBERTS joined...
In State or Out of State? Florida Appellate Court Takes on Cross-Border Call Recording
No doubt family law disputes can result in some of the most acrimonious litigation. If France v. France, No. 5D11-1477, a decision handed down by Florida's 5th DCA last week, is any indication, they can also result in highly complex issues of jurisdiction and...
April Showers Bring Closure On Unsettled Legal Issues Too
As I mentioned in my last post, the Florida Supreme Court's decision to approve the Florida Senate's amended redistricting plan wasn't the only late April 2012 decision to bring a measure of closure to unsettled legal issues. The stars seem to have aligned such that...
April Brings Some Closure to the Supreme Court’s Redistricting Saga
The end of April traditionally marks the end of the busy season in South Florida, with spring break and holidays over, snow birds returning north, traffic easing, and lower summer rates kicking in. So I guess it's fitting that our appellate courts last week issued a...