Dean Morande

Carlton Fields

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Latest Posts › Jurisdiction

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Motions For Rehearing: An Often Overlooked Preservation Requirement

Judges and jurists alike champion the notion that rehearings should be used sparingly and only when the conditions are just right. A lesser known concept is that sometimes a motion for rehearing is absolutely necessary to...more

12/27/2023 / Appeals , Appellate Courts , Appellate Review , Judicial Proceedings , Jurisdiction , Petition For Rehearing , Preservation of Rights , Rules of Civil Procedure , Trial Practice Guidance

Right for Any Reason? Well, Not for Any Reason

Many jurisdictions have rules that allow an appellate court to affirm a judgment for any reason supported by the record, regardless of the actual basis articulated by the trial court. This general rule, however, is not...more

9/28/2023 / Appellate Courts , Cross Examination , Federal Rules of Appellate Procedure , Jurisdiction , Motion for Summary Judgment , Rules of Court , Summary Judgment

More on Competent Summary Judgment Evidence: The Rule Does Not Just Apply to Affidavits

We previously wrote about the requirements many jurisdictions impose for affidavits or declarations submitted in conjunction with motions for summary judgment, including that they must be based on personal knowledge, show the...more

8/31/2023 / Affidavits , Appeals , Depositions , Evidence , Jurisdiction , Motion for Summary Judgment , Summary Judgment , Trial Practice Guidance

Eleventh Circuit Confirms There Is No CAFA Jurisdiction Where Separate Suits Are Filed To Keep The Number Of Plaintiffs Under 100

The plaintiffs—cruise passengers on the ill-fated Costa Concordia—filed two separate lawsuits, neither of which contained more than 100 plaintiffs....more

7/2/2013 / CAFA , Class Action , Jurisdiction , Personal Jurisdiction , Subject Matter Jurisdiction

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