Trial Court Orders

News & Analysis as of

March 2014: Appellate Update

The general rule in federal court is that only a final judgment (i.e., a judgment that ends the case) is appealable as of right. So-called “interlocutory” decisions—such as a decision denying a defendant’s motion to dismiss,...more

As a Receiver, Do I Need an Order From the Court to Sue Someone?

My order of appointment states that I have the power to commence litigation. Do I need a separate order from the receivership court if I want to sue someone? A receiver’s “order of appointment,” along with any applicable...more

Eleventh Circuit Clarifies District Court’s Power To Order Criminal Defendants To Pay Restitution For Uncharged Or Dismissed...

In United States v. Edwards, No. 11-15953, (11th Cir. Sept. 6, 2013), the U.S. Court of Appeals for the Eleventh Circuit made clear that a district court may order restitution for acts of related conduct—even if the criminal...more

Let’s Make Kendra’s Law Permanent … And Enforce It

In 1999, Kendra Webdale was waiting for an N train at the 23rd Street subway station under Broadway. Suffering from schizophrenia and not taking his medications, Andrew Goldstein pushed Kendra onto the tracks into the path of...more

New Twists On Florida’s ‘Tipsy Coachman’ Doctrine

A recent Florida appellate decision examines some new twists on Florida’s “tipsy coachman” doctrine. Before we discuss the new decision, though, it may be useful to discuss what the tipsy coachman doctrine is and where it...more

Enforcing Child Support Payments

Successfully obtaining a court order for child support payments does not always ensure that you will actually receive the payments that the court decides you deserve. ...more

Use Care When Drafting Trial-Court Orders

A lawyer heading into a trial-court hearing should draft a favorable order and have it on hand in case the judge is inclined to rule then and there. In addition to being efficient and good for client relations, getting that...more

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