Among the many benefits of utilizing appellate counsel at trial is that appellate counsel can assist in timely raising possible errors, and if error is not asserted when it occurs, then appellate counsel may be able to raise...more
A recent Pennsylvania Supreme Court decision demonstrates how easy it can be not to preserve, or even waive, error in a trial court’s jury instructions....more
The Fifth Circuit’s decision in Blessey v. Marine Services, Inc., --- F.3d ---, 2014 WL 5837059 (5th Cir. Nov. 10, 2014), highlights two different ways that adverse pretrial rulings can wind up unreviewable. ...more
1. Florida’s “two-issue rule” generally holds that an appellant cannot show reversible error when an error relates to one claim or defense and the verdict does not reveal whether the appellee prevailed on that basis or...more
Jury instructions are important in winning the case before the jury. They can also provide grounds for appeal if errors are properly preserved. The following points address the most common problems we appellate lawyers see...more
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