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
A recent 104-page opinion from the Eleventh Circuit Court of Appeals in Carrizosa v. Chiquita Brands International Inc. provides a tutorial on a wide variety of federal evidentiary, summary judgment, expert, and preservation...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
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
Direct evidence of a matter at issue will not always be available; consequently, civil litigants may sometimes establish facts effectively and conclusively with circumstantial evidence. Nielsen v. City of Sarasota, 117 So. 2d...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. See Persaud v. State,...more
Litigants settle lawsuits and claims every day, for a multitude of different reasons, including purely economic ones. Litigation is costly and, as a practical matter, it may be better to pay something to make a claim go away...more