Dangerous Misconceptions About the Standard of Review in Florida Appeals
Happy New Year, everyone! In honor of which: a bonus post. Here is an article I recently published on common misconceptions regarding the standards of review. The gist: appellate counsel should never blindly rely on general rules as to the applicability of certain standards of review to certain situations. The standard of review is a mercurial creature, and knowledge of its fluid nature can be advantageous when understood, but detrimental when ignored. This article examines how knowledge of the principles behind standards of review can be used to argue for a more favorable standard, or ignored at the risk of arguing within the wrong standard.
Getting to De Novo: How Misunderstanding the Standards of Review Can Hurt Your Case on Appeal
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Florida Rules of Appellate Procedure: 2024 Amendments to Rule 9.020 and 9.400
On December 21, 2023, the Florida Supreme Court made a few changes to the Florida Rules of Appellate Procedure. The amendments will become effectively January 1, 2024 (at 12:02 a.m., the court specified). Read to the end to figure out what crafty little trick is no longer available to appellate attorneys in Florida.
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Supersedeas Bonds: What Are They and How Do They Work?
Navigating a civil appeal in Florida can be overwhelming—especially when it involves financial obligations like a supersedeas bond. A supersedeas bond plays a pivotal role in the appellate process. It is often a critical tool for those seeking to appeal a judgment or stay its enforcement. However, supersedeas bonds are not simple. Understanding how these bonds work—knowing when they’re required, how to calculate the amount, and strategies for obtaining a stay of a judgment—is crucial for any party involved in any civil appeal.
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How Long Does an Appeal Take?
“How long does an appeal take?” The question isn’t easy to answer, because the appeals vary considerably. But in a “standard” civil appeal in Florida, we estimate the process generally takes between 10 and 15 months. Here’s a breakdown of the timeline.
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Amended Rule 9.130 Extends Scope of Appellate Review in Medical Malpractice Suits
Before the end of 2023, the Florida Supreme Court made one final change to the newly adopted Florida Rule of Appellate Procedure 9.130(a)(3)(H), a new rule that—in a medical malpractice action—permits immediate, interlocutory appeal of an order denying a motion to dismiss on the basis that the plaintiff’s corroborating expert witness is not qualified. As explained below, there are two main takeaways for practitioners in this area.
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Florida Supreme Court Decides Against Recommending Consolidation of Judicial Circuits
Florida circuit court boundaries have been the same since 1969, and that won’t be changing any time soon. Today, the Florida Supreme Court issued its decision declining to recommend that the Legislature consolidate Florida’s judicial circuits. The ruling found that there was no “compelling need” for change, and that the judicial process in Florida would not be “improved significantly” by consolidation.
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Appellate Trial Support Made Easier with Florida Rule of Civil Procedure 1.041
Partnering with appellate counsel in a limited trial-support role is about to become much easier thanks to the adoption of Florida Rule of Civil Procedure 1.041, Limited Appearance Attorneys, which takes effect April 1, 2024. Under Rule 1.041, attorneys may file appearances limited to particular proceedings or specified matters. The reason for the adoption of this rule is simple: more access to “unbundled” legal services, which provides Floridians greater access to the court system. As detailed below, this rule change will make it less expensive, easier, and more convenient to partner with appellate attorneys in a limited trial-support role.
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2019 Amendments to the Florida Rules of Appellate Procedure
Although 2019 was an out-of-cycle year for amendments to the Florida Rules of Appellate Procedure, a significant change concerning appellate jurisdiction of district courts of appeal and circuit courts was adopted and is now effective. This post will briefly explain the change.
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January 23, 2020 Florida Supreme Court Opinions
We quickly cover a couple opinions from the Florida Supreme Court today, involving sovereign immunity, the Florida Rules of Appellate Procedure, and the proper remedy for unconstitutional findings of dangerousness by trial court judges.
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January 9, 2020 Florida Supreme Court opinion
Preservation
Does the U.S. Constitution’s Equal Protection Clause prohibit religious-based peremptory challenges during jury selection? We may never know, as the question was narrowly avoided today when the Florida Supreme Court decided, in State v. Pacchiana, that the issue was not properly preserved for appellate review. How specific must an objection be? It seems the answer is, in some cases, more specific even than the trial court needs to determine the nature of the error.
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December 19, 2019 Florida Supreme Court opinions
We cover six opinions from the curtailed court in Tallahassee today. A new record for the blog. As a result, however, I was not able to go as in-depth on some of them as I would have liked. I’ll be adding some analysis when I get the chance, so check back. Quite a few retreats from precedent today—the beginning of a trend?
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December 5, 2019 Florida Supreme Court opinion
Jury Selection
Today the Florida Supreme Court decided State v. Ivey, which involved a certified question of great public importance from the First District Court of Appeal. The question was whether a defendant can renew a previously raised objection to a peremptory challenge, after the juror has been excused and the jury has been agreed to, but before the jury has been sworn in. While the First District found that such an objection is not waived and can therefore be renewed, the Florida Supreme Court disagreed with the premise of the question, finding that in this case the defendant’s request for a standing objection was not specific enough to act as a renewal.
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October 10, 2019 Florida Supreme Court opinion
Habeas Corpus
A short, unanimous opinion from the Florida Supreme Court today. Mallet v. State comes to the court via the First District Court of Appeal, which affirmed Mallet’s conviction for possession of child pornography, then affirmed the denial of his motion for postconviction relief based on his allegations of ineffective assistance of counsel.
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Welcome to the Florida Appellate Analysis blog
Welcome! Today marks the launch of the Florida Appellate Analysis blog, featuring same-day analysis of Florida Supreme Court opinions in simple, everyday language. This blog is intended to fulfill two major goals.
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January 4, 2019 Florida Supreme Court opinions
Proposals for Settlement • Attorney’s Fees
In the United States, unlike in most of the rest of the world, the general rule is that a party pays her own attorney’s fees, win or lose. But there are some exceptions to the “American rule.” Attorney’s fees can be derived from contract, for example, or through statute. Or they can be derived from both, regardless of the parties’ “intention” as expressed through contract. The theory behind this is that the big-wigs write the contracts while those with smaller wigs sign them (or don’t) without negotiating the details.
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