From the category archives:

Motions Practice

Third DCA Becomes Third DCA to Allow Stipulated Enlargements

March 15, 2013

Following the trend started by the Fourth District Court of Appeal and Fifth District Court of Appeal, Florida’s Third District Court of Appeal yesterday issued an administrative order [.pdf] that, effective immediately, allows parties to stipulate to enlargements of time to serve briefs, rather than seek leave of court. Importantly, the procedure does not apply [...]

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Service by and On Pro Se Litigants

February 1, 2013

The Florida state appellate courts handle thousands of pro se appeals annually.  How do the new e-service rules affect service by and on litigants who are not represented by an attorney? Florida Rule of Judicial Administration 2.516(c) [.pdf] has an answer to that question, and it’s pretty straight forward. If the pro se litigant chooses [...]

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New Issues a No Go on Rehearing

December 18, 2012

The Fourth DCA recently issued an opinion on rehearing in which it reiterated a pretty basic, but nonetheless important point: If you didn’t raise an issue in your initial brief, you can’t raise it for the first time on a motion for rehearing before the appellate court. See Philip Morris USA, Inc. v. Naugle, No. [...]

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