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

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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…

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.

Jean Luc Picard Says Make it So to Effectuate the 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.

Dead End by Dineen Pashoukos Wasylik All Rights Reserved

Is it Appealable? July 2018 edition

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July 20, 2018

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

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!

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…

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.

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.

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

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.

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?

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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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