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Clarification Granted

As I previously reported, there was a motion for clarification filed in the Service Experts v. Northside case. It didn’t actually have to do with the jurisdiction issue. Rather, it focused on a sentence in the opinion that seemed like throwaway dicta to the court, but made a big difference to our client on remand. […]

Dated versus Filed versus Entered

In federal court, several important (and jurisdictional) post-trial deadlines are keyed off of the “entry of judgment.” For example, a motion for a new trial “must be filed no later than 28 days after the entry of judgment,” as must a motion to alter or amend a judgment. See Fed. R. Civ. P. 59. And […]

Jurisdiction and Extraordinary Writs

Sometimes, you can win the battle and lose the war. So it can be with jurisdiction. Even if you are correct that there is no jurisdiction over an appeal in the Florida intermediate appellate courts, the Court still has the discretion to treat an appeal as a request for an extraordinary writ. And that’s exactly […]