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

Jean Luc Picard Says Make it So to Effectuate the Mandate

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August 17, 2020

Even when you win an award of entitlement to attorney's fees, you may not be entitled to recover fees for the time spent litigating the amount of that attorney's fee award.

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Administrative Orders, Florida's Fifth DCA, Florida's Fourth DCA, Florida's Second DCA, Florida's Third DCA, Time

Florida Supreme Court Hurricane Dorian Orders

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September 9, 2019

The Florida Supreme Court issued orders retroactively extending deadlines in four of the five Florida District Courts of Appeal due to Hurricane Dorian.

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Woody Pollack & Dineen Wasylik wearing bike helmets in front of the Boston skyline

Florida Appellate Procedure, In the News, Quoted, Rehearing and Reconsideration

Podcasts & PCAs

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September 4, 2019

Check out Dineen Pashoukos Wasylik's appearance on the Issues on Appeal Podcast, Episode 13 Evaluating a PCA.

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Administrative Orders, Eleventh Circuit, Eleventh Circuit Rules, Florida Appellate Procedure, Florida Rules of Appellate Procedure, Florida Rules of Civil Procedure, Florida Rules of Judicial Administration, Florida's Fifth DCA, Florida's First DCA, Florida's Fourth DCA, Florida's Second DCA, Florida's Third DCA, Time

How Does a Hurricane Affect Court Deadlines? (Dorian Edition)

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September 3, 2019

In Florida state courts, you won't know until the storm is over, so don't count on a deadline moving. And in Federal Court, the courthouse being closed does not mean you can't file, so your best bet is to meet any deadline today.

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Briefs, Citations and Style, Civil Appeals, Criminal Appeals, Family Law Appeals, Florida Appellate Procedure, Florida Small Claims Rules, In the News, Motions Practice, Notice of Appeal, Record on Appeal, Rehearing and Reconsideration

Weird, Wild Stuff: Nine Proposed Appellate Rule Changes You May Want to Weigh In On

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July 22, 2019

Don't miss your chance to comment on nine proposed amendments to the Florida Rules of Appellate Procedure.

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Appeals 101, Civil Appeals, Criminal Appeals, Electronic Filing and Service, Eleventh Circuit, Florida 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

Is Memorial Day, May 27, a Court Holiday? (2019 edition)

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May 23, 2019

Memorial Day--May 27, 2019--is a day that we remember and…

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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. (UPDATED--IT'S DAUBERT AGAIN!)

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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.

1 Comment

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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

West front of the Church of Notre DameDrawn by A. Pugin ; engraved…

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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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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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Fees on Fees Rejected by Third District

Florida Supreme Court Hurricane Dorian Orders

Podcasts & PCAs

How Does a Hurricane Affect Court Deadlines? (Dorian Edition)

Weird, Wild Stuff: Nine Proposed Appellate Rule Changes You May Want to Weigh In On

Is Memorial Day, May 27, a Court Holiday? (2019 edition)

You Used Daubert at Trial but Now it's Frye? Here's What the Appellate Court Might Do. (UPDATED--IT'S DAUBERT AGAIN!)

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

Is Good Friday a Court Holiday? (2019 Edition)

Briefing Deadlines Fixed

First and Third DCAs Transition to ePortal for Electronic Filing

New Rule 9.380 Allows Notification of Related Cases

4th and 5th DCAs Transition to Portal

Calculating Deadlines Under the New Rules

Now You Can Appeal Two More Types of Nonfinal Orders

Fifth District Announces January 10 Portal Transition

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

Second District Transitions Back to Portal

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

Pleading and the Many Faces of Waiver

Appeals 101: What is the Mandate?

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