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Calendar Carefully: Excusable Neglect

Repeat after the Eleventh Circuit: “The timely filing of a notice of appeal is a mandatory prerequisite to the exercise of appellate jurisdiction.” (citation omitted). Sure, there’s an out in Federal Court. You can ask the trial court for an enlargement of time to file the notice of appeal — if you can demonstrate excusable […]

Order Setting Aside Settlement Not Reviewable

In a short and sweet opinion, the First DCA has ruled that an order denying a party’s request to enforce a mediated settlement and instead setting it aside because it was signed under duress is not an appealable final order. The opinion in Pierce v. Pierce, No. 1D10-1872 (Fla. 1st DCA Sept. 7, 2010) [.pdf] […]