Your firm is five years into a bet-the-company suit. Trial has come and gone, and multiple parties have appealed. After a week of intense negotiations, you send a mass email to your team: “Pencils down everyone! We’ve...more
It is basic, but critical, to persuade the court that the result you seek is the right result. The court has to feel good about ruling in favor of your client. As Judge Gurfein of the Second Circuit aptly stated, “It is still...more
Florida’s Second District Court of Appeal recently issued an interesting and important decision on personal jurisdiction in today’s commercial world. Kapila v. RJPT, Ltd., Case No. 2D22-837 (Fla. 2d DCA Feb. 17, 2023)....more
Those of a certain age will recall “The Perils of Pauline,” but a recent Florida appellate decision demonstrates that the “failure to facilitate a meeting of the minds on a pretrial argument is perilous.” Jones v. Blue Ridge...more
Seldom in the law is there a last word on any topic, but the Eleventh Circuit’s latest word in United States v. Campbell on appellate forfeiture and waiver principles by the en banc court is comprehensive and important....more
A Florida appellate court recently wrote to reiterate the difference between (1) the evidentiary burden of proof for a party in the trial court and (2) the appellate standard of review. The distinction was dispositive of the...more
We have previously explained the importance of appealing every aspect of a trial court's order granted on multiple, independent grounds. The Eleventh Circuit recently reminded us of that, but also that in opposing motions at...more
You are on your feet at the podium and you have told the appellate panel who you are and whom you represent. What is the first substantive thing you should now tell the court (always assuming you get that opportunity before...more
Everyone fears getting a question during oral argument that they don’t know the answer to or that only has an answer not helpful to their position on appeal....more
Appellate advocates should write briefs that make life easier for law clerks and judges. That will increase their chances of prevailing on appeal. With that in mind, we recently conducted an informal survey of our firm’s...more
This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review.
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12/20/2016
/ Appeals ,
Bifurcation ,
Cross Motions ,
Depositions ,
Evidence ,
Jury Instructions ,
Jury Verdicts ,
Litigation Strategies ,
Motion to Amend ,
Motions in Limine ,
Objection Procedures ,
Objections ,
Opening Statements ,
Preservation of Rights ,
Summary Judgment ,
Trial Preparation
In November 2007, an article titled “Off the Record,” which was co-authored by one of this article’s authors, was published in this Journal. It began by saying “[e]very good appellate lawyer knows that an appeal is...more
When you are the appellant, you always have the burden of persuasion in seeking a reversal. Even on a de novo review, you are starting at least a step behind, psychologically.
A reply brief may be the last word and the...more
A new client calls and hires you to uphold on appeal the splendid order its trial counsel obtained in its favor. You eagerly read the order but quickly realize, to your horror, that the trial judge got it wrong. What should...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
Trial courts make evidentiary rulings both before and during trial, and trial lawyers should be alert to the opportunity to request the court to revisit its earlier rulings during the course of trial. ...more