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

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

Florida Appellate Procedure, Florida Constitution, Florida Supreme Court, Florida's First DCA, Florida's Fourth DCA, Jurisdiction, Jury Trials, Motions Practice, Rule Changes

You Used Daubert at Trial but Now it's Frye? Here's What the Appellate Court Might Do.

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May 20, 2019

The Florida Supreme Court declared the statutory revision to section 90.702 unconstitutional, thereby reaffirming that Frye is the test to apply in Florida. Delisle v. Crane Co., 258 So. 3d 1219, 1229 (Fla. 2018).

Where does that leave us?

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Civil Appeals, Eleventh Circuit, Error, Federal Rules, Judges and Justices, Oral Argument, SCOTUS, Writs and Petitions

What's it like to appear before the United States Supreme Court? Let's talk about it, podcast-style.

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April 23, 2019

The United States Supreme Court hears oral argument from attorneys…

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Florida Appellate Procedure

Is Good Friday a Court Holiday? (2019 Edition)

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April 18, 2019

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Florida Appellate Procedure, Florida Supreme Court, Rule Changes, Time

Briefing Deadlines Fixed

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January 31, 2019

A fourth order making rule changes effective January 1, 2019 corrected an oversight and brought brief deadlines in cross-appeals and dependency and parental rights termination cases in line with the rest of the rule changes.

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a screen capture from the Florida e-filing portal initiation page with text and a map of the Florida court system

Electronic Filing and Service, Florida's First DCA, Florida's Fourth DCA

First and Third DCAs Transition to ePortal for Electronic Filing

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January 30, 2019

The First and Third District Courts of Appeal will transition to the ePortal on February 11, 2019.

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Florida Appellate Procedure, Florida Rules of Appellate Procedure, Rule Changes

New Rule 9.380 Allows Notification of Related Cases

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January 28, 2019

New Rule 9.380 allows parties, without argument, to inform an appellate court of "related case or issue" that is either "arising out of the same proceeding in the lower tribunal," or, helpfully, "involving a similar issue of law."

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Electronic Filing and Service, Florida's Fifth DCA, Florida's Fourth DCA

4th and 5th DCAs Transition to Portal

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January 11, 2019

After hours last night, the 4th and 5th DCAs both transitioned to e-portal filing.

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Electronic Filing and Service, Florida Appellate Procedure, Florida Rules of Appellate Procedure, Florida Rules of Judicial Administration, Florida Supreme Court, Time

Calculating Deadlines Under the New Rules

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January 9, 2019

Don't let January's rule changes cause you confusion! We'll talk you through how the changes to the rules affect calculating deadlines.

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Appealability, Civil Appeals, Florida Appellate Procedure, Florida Rules of Appellate Procedure, Jurisdiction, Motions Practice, Reviewable Non-Final Orders, Rule Changes, Standards of Review, Writs and Petitions

Now You Can Appeal Two More Types of Nonfinal Orders

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January 1, 2019

Today is the day that a myriad of changes to the…

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Administrative Orders, Electronic Filing and Service, Florida's Fifth DCA, Florida's Fourth DCA

Fifth District Announces January 10 Portal Transition

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December 21, 2018

The Fifth District Court of Appeal will transition from mandatory use of the eDCA system to the E-Filing Portal starting January 10, 2019.

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1922 Photograph of five women in a room full of filing cabinets, filing documents

Electronic Filing and Service, Florida Appellate Procedure, Florida's Second DCA

Second District Clerk Shares Details About Today's Transition to the Portal

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December 14, 2018

The Honorable Mary Beth Kuenzel, Clerk of the Second District, kindly shared some details about what the transition back to filing through the Portal means for practitioners.

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Electronic Filing and Service, Florida's Second DCA

Second District Transitions Back to Portal

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December 10, 2018

File and serve documents with the Second District through the Portal Starting December 14, 2018. Check out the blog post for more information.

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Attorney's Fees and Costs, Briefs, Citations and Style, Civil Appeals, Criminal Appeals, Electronic Filing and Service, Family Law Appeals, Family Law Appeals, Final Orders, Florida Appellate Procedure, Florida Rules of Appellate Procedure, Florida Rules of Judicial Administration, Florida Supreme Court, Florida's Fifth DCA, Florida's First DCA, Florida's Fourth DCA, Florida's Second DCA, Florida's Third DCA, In the News, Jurisdiction, Mandate, Motions Practice, Notice of Appeal, Record on Appeal, Rehearing and Reconsideration, Rendition, Reviewable Non-Final Orders, Rule Changes, Sanctions, Summary Judgment, Writs and Petitions

Almost Every Florida Appellate Rule Changes on New Years' Day 2019

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November 8, 2018

The Florida Supreme Court has substantially amended the Florida…

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Civil Appeals, Florida Appellate Procedure, Florida Rules of Appellate Procedure, Florida Rules of Civil Procedure, Florida's Second DCA, Preservation

Pleading and the Many Faces of Waiver

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August 22, 2018

We won! Our appellate win discusses pleading requirements, waiver, trial by consent, and the right of a client to direct communication through his or her attorney.

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Jean Luc Picard Says Make it So to Effectuate the Mandate

Appeals 101, Florida Appellate Procedure, Florida Rules of Appellate Procedure, Mandate

Appeals 101: What is the Mandate?

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July 27, 2018

What is the appellate mandate? We explain why the mandate ends your appeal and what you may have to do in the trial court after the mandate issues.

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Dead End by Dineen Pashoukos Wasylik All Rights Reserved

Administrative Orders, Appealability, Attorney's Fees and Costs, Briefs, Civil Appeals, Family Law Appeals, Final Orders, Florida Appellate Procedure, Florida Rules of Appellate Procedure, Florida's Fifth DCA, Florida's First DCA, Florida's Second DCA, Jurisdiction, Mootness, Notice of Appeal, Preservation, Rehearing and Reconsideration, Rendition, Reviewable Non-Final Orders, Sanctions, Time

Is it Appealable? July 2018 edition

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July 20, 2018

Appealable or not? The courts decide... The immediate reaction…

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Florida's Second DCA, In the News

How Do Courts Use Social Media?

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July 18, 2018

Check out Jared's article on the just-released Summer 2018 issue of the HCBA Lawyer Magazine!

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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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