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Appellate Courts › Appellate Review

Carlton Fields

Motions For Rehearing: An Often Overlooked Preservation Requirement

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Judges and jurists alike champion the notion that rehearings should be used sparingly and only when the conditions are just right. A lesser known concept is that sometimes a motion for rehearing is absolutely necessary to...more

Carlton Fields

Don’t Abandon All Hope on Appeal

Carlton Fields on

It is crucial for an appellant drafting an initial brief to adequately identify and describe all claims and issues the appellant intends to raise for appellate review. Apart from the obvious advantage of providing as much...more

Dickinson Wright

Issues Becoming Moot on Appeal

Dickinson Wright on

Although appellate courts are generally obligated to address the issues that are properly brought before them, that is not the case when it comes to issues that have been rendered moot by subsequent developments—either in the...more

Hinshaw & Culbertson - Lawyers for the...

Appellate Court Affirms $700,000 Judgment Against Lawyer in Malpractice Action, in Part, Because Defendant Failed to File...

Hinshaw & Culbertson - Lawyers for the... on

Brief Summary - An intermediate appellate court in Illinois held that defendant forfeited appellate review of expert testimony admitted at trial because he failed to file a post-trial motion on the issue. However, the...more

Fox Rothschild LLP

Opinions and Orders and Options: A New Normal?

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When you hear about an appellate decision, what comes to mind? Typically, I think of a formal “opinion”—at least when the appeal has been briefed on the merits. And historically, I have thought of an “order” as a short...more

Butler Weihmuller Katz Craig LLP

Trial Lawyers, Don't Lose Your Appeal

Butler Weihmuller Katz Craig LLP on

September 6, 2022 Every appellate attorney’s dream is a well-developed record on appeal without any unpreserved errors. But that is not always possible. The recent amendment to Florida Rule of Civil Procedure 1.530(a), issued...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

AC39565 - Carvalhos Masonry, LLC v. S&L Variety Contractors, LLC - Interesting case. After the conclusion of the evidence in the case, the trial judge urged the parties to settle and even recommended the amount. The...more

Carlton Fields

So You're Telling Me There's A Chance! – The Difference Between Waiver and Forfeiture

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Appellate attorneys (hopefully!) understand the need to preserve arguments for appeal by raising them before the trial court and in their opening briefing. But what about the difference between waiver and forfeiture of...more

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