News & Analysis as of

Appeals Pro Se Litigants

Carlton Fields

Florida Appeals Court Decisions: Week of September 9-13, 2024

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Florida Supreme Court - Tallahassee - Sexton v. State - capital case, direct appeal - In re Fla R Mediators - amended rules - In re Fla R Juv P - amended rules...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 2-6, 2024

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USA v. Wall - competency, RICO, trafficking, evidence, instructions, sentencing... Steines v. Westgate Palace - arbitration, Military Lending Act... USA v. Deleon - sentencing, physically restrained... USA v....more

Sands Anderson PC

Fair Notice to Pro Se Litigants: Eastern District of Virginia Set to Modify Roseboro Warnings

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Almost 50 years ago, the U.S. Court of Appeals for the Fourth Circuit, in a short, six paragraph opinion, ruled that pro se parties, those without lawyers, are entitled to “notice sufficiently understandable to [the pro se...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 26-30, 2024

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U.S. Eleventh Circuit Court of Appeals USA v. Schwarzbaum - IRS, penalties ECB v. Chubb - insurance, policy interpretation, financial institution Boyd v. DOC - postconviction relief Eknes-Tucker v. Ala Gov - en...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 19-23, 2024

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Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire fraud, false statements, evidence,...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 12-16, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 5-9, 2024

Carlton Fields on

Commodities & Min v. CVG - arbitration confirmation - USA v. Bush - escape, instructions, mens rea - AW v. Coweta Cnty Sch Dist - ADA, Title II, emotional distress damages - USA v. Munoz - denaturalization, estoppel - ...more

Fox Rothschild LLP

Another Smorgasbord Of Opinions From The Court Of Appeals

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On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove me wrong, none of the published opinions...more

Winstead PC

Court Dismissed Appeal By Pro Se Individual Who Could Not Represent An Estate

Winstead PC on

In Kankonde v. Mankan, an attorney appealed the entry of an arbitration award on behalf of his clients, a doctor and his practice. No. 08-20-00052-CV, 2020 Tex. App. LEXIS 7040 (Tex. App.—El Paso August 31, 2020, no pet....more

Butler Snow LLP

Litigating with the Lawyerless ... It’s Still Happening

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Previously, I have written about appellate decisions considering the issues presented by pro se litigants and their non-compliance with applicable trial and appellate court rules. (See July 9, 2018 blog and September 18, 2018...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Application of Plain Error Doctrine

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Bass, Berry & Sims attorney Chris Lazarini discussed a case involving the court’s application of the plain error doctrine to reverse and remand a trial court’s order vacating a default judgment. The plain error doctrine is...more

Butler Snow LLP

How do you litigate with the “lawyerless?”

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We’ve all been there – representing a client against someone who has never heard, or doesn’t believe, that “A lawyer that represents himself, has a fool for a client.” Either because of lack of resources, knowledge, interest,...more

Winstead PC

Don’t Try It Yourself, Hire A Lawyer! Court Dismisses Pro Se Party’s Appeal Due To Procedural Errors

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In In re Newman, a woman appealed a trial court’s order regarding admitting her husband’s will and the conduct of her step-son as executor. No. 04-17-00209-CV, 2018 Tex. App. LEXIS 4249 (Tex. App.—San Antonio June 13, 2018,...more

Maynard Nexsen

Insurer Violated Lien Statute and Committed Deceptive Trade Practice When Settling With Pro Se Claimant

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The North Carolina Court of Appeals recently held that when an insurer settles with a pro se claimant and issues a settlement check, the insurer must pay all valid medical provider liens before making any payments to the...more

Maynard Nexsen

When a Lawyer Represents Himself, He has a Client…

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The South Carolina Court of Appeals recently clarified the circumstances under which a lawyer can represent himself and when a member of his law firm can represent him. In Brooks v. S.C. Commission on Indigent Defense, a...more

Brooks Pierce

It Can Happen To Anyone: Mistakes In Appeals

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The road to an appellate court can be lined with unanticipated obstacles, You can avoid them if you follow the NC Rules of Appellate Procedure and you keep up with changes in the law regarding appeals. Or you might retain a...more

Adler Pollock & Sheehan P.C.

Fast Five - Rhode Island Appellate Practice - June 2015

SUPREME GHOSTBUSTERS: RHODE ISLAND SUPREME COURT IMPOSES LIMITATIONS ON GHOSTWRITING. The Rhode Island Supreme Court “ain’t afraid of no ghost.”[1] In a long-anticipated, unanimous decision, the Rhode Island Supreme...more

Robinson & Cole LLP

Welcome to the Fall 2014 Issue of Appellate News!

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In This Issue: - Appeals Begin At The Trial Stage, Not After - Robinson+Cole Wins At The Second Circuit - The Dangers Of Mootness Hiding In Plain Sight - Excerpt from Appeals Begin At The Trial...more

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