Florida Appellate Procedure - The Florida Appellate Procedure Weblog by DPW Legal

Attorney's Fees and Costs, Florida Appellate Procedure, Florida Rules of Civil Procedure, Florida Supreme Court, Florida's Fifth DCA, Florida's Second DCA, Motions Practice, Statutory Intepretation, Time

30 Days Means 30 Days When It Comes To Proposals For Settlement

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June 8, 2018

Since 2016, the Second and Fifth Districts have been in conflict…

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Administrative Orders, Civil Appeals, Criminal Appeals, Florida Appellate Procedure, Florida Rules of Appellate Procedure, Florida's Second DCA, In the News, Motions Practice, Oral Argument

Have You Seen the Second DCA's New Procedures on Oral Argument?

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May 8, 2018

The Second District recently updated its Internal Operating Procedures to reduce the list of exceptions and leave the judges with more express discretion.

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Appeals 101, Final Orders, Florida Appellate Procedure, Florida's Fourth DCA, Rendition

Appeals 101: Why Rendition Matters

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April 28, 2018

Rendition is a critical concept in Florida appeals, but not everyone understands its importance.

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Man with a cart full of money to pay for the family law appeal

Attorney's Fees and Costs, Civil Appeals, Criminal Appeals, Family Law Appeals, Florida Appellate Procedure, Jurisdiction, Motions Practice

Appeals 101: How do I Pay my Family Law Appeal Attorney's Fees?

April 26, 2018

As part of our continuing Appeals 101 series, here’s the scoop on getting your ex to pay for your family law appeal attorney’s fees.

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Florida Appellate Procedure, Florida's Fifth DCA, Motions Practice, Oral Argument

Fifth District to Allow Parties to Appear Remotely at Oral Argument

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April 24, 2018

Parties will be allowed to attend oral argument remotely from Marion County in the Fifth District Court of Appeal starting June 5-- but should they?

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Federal Rules, Federal Rules of Civil Procedure, Florida Appellate Procedure, Jury Trials, Preservation

Blurred Lines and Appellate Preservation

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April 13, 2018

The defendants' trial lawyers tanked portions of their appeal by failing to speak up at two important points at the trial: At the close of plaintiff's evidence, and before the jury was dismissed after rendering its verdict.

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Administrative Orders, Florida's Fourth DCA, Rule Changes, Time

4th District Shortens Allowable Extensions for Reply Briefs and Criminal Appeals

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April 11, 2018

The Fourth District Court of Appeal has shortened the allowable time period for agreed extensions of time to 90 days for an initial or answer brief, and 15 days for a reply brief.

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Administrative Orders, Briefs, Florida Appellate Procedure, Florida's Fifth DCA, Motions Practice, Rule Changes, Time

Fifth District Changes Procedures for Extensions of Time

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April 9, 2018

The Fifth District Court of Appeal has twice modified its rules regarding extensions of time in less than a month, reducing the availability of stipulated extensions and placing additional burdens on all attorneys seeking an extension for their clients.

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Florida Appellate Procedure

More Eleventh Circuit Rule Amendments on the Horizon

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April 6, 2018

Proposed Eleventh Circuit rule amendments, open for comment until May 4, 2018, will allow for electronic payment of filing fees and streamline exhibit transmission.

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Electronic Filing and Service, Eleventh Circuit, Federal Rules, Federal Rules of Appellate Procedure, Florida Appellate Procedure, Record on Appeal, Rule Changes

Eleventh Circuit Rule Amendments Effective April 2, 2018

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April 5, 2018

The Eleventh Circuit has made a handful of changes to its rules affecting tax practitioners, appellate mediation, and the ability of counsel coming in after an appeal has been initiated to file a replacement brief.

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Appeals 101, Final Orders, Florida Appellate Procedure, Florida Rules of Civil Procedure, Jurisdiction, Notice of Appeal, Time

Appeals 101: How do I initiate my Florida civil appeal?

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April 2, 2018

In a standard civil case in Florida, one initiates an appeal by (1) filing a notice of appeal and (2) paying the filing fee. This applies to appeals from both final and non-final ( orders

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Florida's Second DCA, Jurisdiction, Reviewable Non-Final Orders, UCCJEA

Florida Court's Jurisdiction Over Out-of-State Party in Domestic Violence Cases

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February 15, 2018

Florida courts may only act if they have personal jurisdiction over the defendant, even in the case of alleged domestic violence.

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Dicta, Florida Appellate Procedure, Florida's Fifth DCA, Florida's First DCA, Florida's Fourth DCA, Florida's Second DCA, Florida's Third DCA, iPad for Appellate Advocacy, Judges and Justices, Motions Practice, Writs and Petitions

Can Judges and Lawyers Be Facebook "Friends"? It Depends Where You Are.

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October 17, 2017

Can a judge be Facebook friends with a lawyer? It depends on which district you are in.

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Administrative Orders, Electronic Filing and Service, Florida Appellate Procedure, Florida Rules of Appellate Procedure, Florida Supreme Court, Florida's Fourth DCA, iPad for Appellate Advocacy, Record on Appeal, Rule Changes

Rules Governing Electronic Appendices and Records Amended to Ease Readability

September 29, 2017

Appellate Rules changes effective October 1, 2017 are largely designed to update the rules to comport with the realities of producing and easily reading electronic appendices and records.

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Eleventh Circuit, Error, Federal Rules, Florida Appellate Procedure

Eleventh Circuit Says No Benefits Under RESPA If You Address Your Mail Incorrectly

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August 21, 2017

An easily-avoidable technical mistake obliterates a homeowner's RESPA claim against his mortgage servicer.

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Florida Appellate Procedure, Florida's Second DCA

The Clerk of Court is Not the Best Bailee for Your Negotiable Instrument, Second DCA Holds

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August 14, 2017

The Second District last week reversed a judgment of foreclosure because the servicer could not establish it was the holder or nonholder in possession of a Note via possession by the clerk of court.

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