From the category archives:

Standards of Review

Calendar Carefully: Excusable Neglect

September 18, 2010

Repeat after the Eleventh Circuit: “The timely filing of a notice of appeal is a mandatory prerequisite to the exercise of appellate jurisdiction.” (citation omitted). Sure, there’s an out in Federal Court. You can ask the trial court for an enlargement of time to file the notice of appeal — if you can demonstrate excusable [...]

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Trial Court’s Mandamus Reviewable

September 14, 2010

If a trial court’s stay order maintains the status quo, can the order be reviewed under Florida Rule of Appellate Procedure 9.130? Or, in plain English, is an injunction by any other name still a reviewable injunction? The Third DCA says yes. In City of Sunny Isles Beach v. Temple B’Nai Zion, Inc., No. 3D10-1137 [...]

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Dismissal Sanction Too Extreme

August 7, 2010

Is a single violation of the Rules of Appellate Procedure severe enough to justify dismissal of the appeal as a sanction? The Second DCA answered the question in the negative in Altman v. State, __ So.3d ___, No. 2D09-3871 (Aug. 6, 2010)[.pdf]. The opinion makes clear that the record is not exactly a model of [...]

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