Typography for Lawyers: The Book

I’ve mentioned in the past that I am a fan of the Typography for Lawyers website. So I was downright giddy when its proprietor, Matthew Butterick, e-mailed me and offered me a review copy of his new book of the same name. It’s on my nightstand now, and I am looking forward to doing a full review over the holidays.

But in the meantime, let me say this much: It’s Puuuurty. And eminently practical as well — stay tuned for a more thorough review!

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. Today, the court granted the motion in part, and struck the offending sentence from its opinion. [.pdf]

This just goes to show that even though motions for clarification under Florida Rule of Appellate Procedure 9.330 should not be undertaken lightly, a narrowly tailored and focused motion can get traction.

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 neglect or good cause. But in a recent unpublished opinion, the Eleventh Circuit upheld the trial court’s denial of such a motion, noting that:

miscalendaring a deadline was within the reasonable control of the Plaintiff, and that the “cumulative effect” of the Plaintiff’s missed deadlines exhibited an absence of good faith

The moral of the story: Don’t ever rely on a Rule 4(a)(5)(A)(ii) motion to extend the time to file a notice of appeal. The bar for establishing “excusable neglect or good cause” is a moving target, and review of the trial court’s decision on such a motion is on an abuse of discretion standard. So don’t mess around with your calendaring!

The case is Global Horizons Inc. v. Del Monte Fresh Produce N.A., Inc., No. 09-16508 (11th Cir. Aug. 17, 2010) [.pdf].