From the category archives:

Preservation

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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Rehearing: A Comparison of 9.330 and 1.530

April 16, 2012

The First District Court of Appeal recently explained the different standards for rehearing at the appellate level versus the trial level under the Florida rules, and it’s an important distinction for both trial and appellate practitioners to keep in mind. The take home lesson: Your last chance at issue preservation is a motion for rehearing, [...]

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No Record, New Trial

August 30, 2009

Some state court litigators scoff at the need for paying for a court reporter’s presence at trial. But the importance of having an adequate record on appeal cannot be over-emphasized. In some instances, the absence of a record has caused the courts to dismiss an appeal entirely. But the Fifth DCA recently went one step [...]

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