A district court of appeal can exercise either appellate jurisdiction or original jurisdiction. The scope of review can be either broad or narrow, depending on the type of order reviewed and the kind of jurisdiction exercised. Courts have appellate jurisdiction to review an order or judgment of a lower tribunal where a constitutional provision, statute or rule provides authority to
An appeal is an opportunity for the appellate court to review an order or judgment of a lower tribunal and correct reversible errors. “But an appellate court will not consider an issue unless it was presented to the lower court. Furthermore, in order for an argument to be cognizable on appeal, it must be the specific contention asserted as legal
There is a little-known tool hidden in the bowels of the Rules of Judicial Administration that may be used to challenge administrative orders issued by circuit court chief judges. This rule allows nearly a direct path to the Florida Supreme Court for review of administrative orders to ensure that changes to court rules and procedures are given the proper level
The determination whether a statement should be excluded as hearsay was described by famed legal writer and scholar, Irving Younger, as a “thicket” and an “incredible mishmash of rules.” One area of hearsay analysis that is particularly thorny is referred to confusingly as verbal acts, verbal parts of an act, or the verbal act doctrine. Verbal Act According to Black’s
In several medical malpractice cases, defense attorneys have argued that the defendant doctor’s misdiagnosis did not really cause the injury if a subsequent treating physician has testified that the eventual treatment would have been the same even if the original diagnosis had been accurate. That was the argument relied on by a neurologist in Broward County when an injured patient
As a party in an appellate case, you are generally responsible for paying your own attorney’s fees. But in some cases the appellate court may determine that you are entitled to have your attorney’s fees paid. Here are a few examples. Many contracts have prevailing-party attorney’s fees provisions that require the losing party to pay the winner’s fees. Some of
Most attorneys are familiar with the notion of seeking civil contempt sanctions when the opposing party fails to comply with a trial court order to pay money. Yet civil contempt frequently causes confusion for attorneys and judges alike, who often focus only on whether the other party has not paid money as required by a prior court order, without more.
Many lawyers have been annoyed when the opposing party appeals after the lawyer has obtained a favorable order for their client in the trial court. The lawyer whose client prevailed in the trial court may believe that the losing party’s position is without any legal merit. The lawyer’s belief that the opposing party has now delayed the ultimate resolution of
Your client received an unfavorable final order. You believe you have a solid basis for an appeal. You filed a timely notice of appeal to start the appeals process. Now what? A brief explanation of the procedure for litigating an appeal of a final order in a standard civil case in Florida’s state courts follows, with an emphasis on ensuring
A motion for rehearing can be a useful tool to allow the trial court to correct potential error without appellate court proceedings. However, a party filing a motion for rehearing with an eye toward a potential appeal must be careful to adhere to applicable deadlines. Failure to comply with the deadlines could result in dismissal of an appeal. A brief
A district court of appeal can exercise either appellate jurisdiction or original jurisdiction. The scope of review can be either broad or narrow, depending on the type of order reviewed and the kind of jurisdiction exercised. Courts have appellate jurisdiction to review an order or judgment of a lower tribunal where a constitutional provision, statute or rule provides authority to
An appeal is an opportunity for the appellate court to review an order or judgment of a lower tribunal and correct reversible errors. “But an appellate court will not consider an issue unless it was presented to the lower court. Furthermore, in order for an argument to be cognizable on appeal, it must be the specific contention asserted as legal
There is a little-known tool hidden in the bowels of the Rules of Judicial Administration that may be used to challenge administrative orders issued by circuit court chief judges. This rule allows nearly a direct path to the Florida Supreme Court for review of administrative orders to ensure that changes to court rules and procedures are given the proper level
The determination whether a statement should be excluded as hearsay was described by famed legal writer and scholar, Irving Younger, as a “thicket” and an “incredible mishmash of rules.” One area of hearsay analysis that is particularly thorny is referred to confusingly as verbal acts, verbal parts of an act, or the verbal act doctrine. Verbal Act According to Black’s
In several medical malpractice cases, defense attorneys have argued that the defendant doctor’s misdiagnosis did not really cause the injury if a subsequent treating physician has testified that the eventual treatment would have been the same even if the original diagnosis had been accurate. That was the argument relied on by a neurologist in Broward County when an injured patient
As a party in an appellate case, you are generally responsible for paying your own attorney’s fees. But in some cases the appellate court may determine that you are entitled to have your attorney’s fees paid. Here are a few examples. Many contracts have prevailing-party attorney’s fees provisions that require the losing party to pay the winner’s fees. Some of
Most attorneys are familiar with the notion of seeking civil contempt sanctions when the opposing party fails to comply with a trial court order to pay money. Yet civil contempt frequently causes confusion for attorneys and judges alike, who often focus only on whether the other party has not paid money as required by a prior court order, without more.
Many lawyers have been annoyed when the opposing party appeals after the lawyer has obtained a favorable order for their client in the trial court. The lawyer whose client prevailed in the trial court may believe that the losing party’s position is without any legal merit. The lawyer’s belief that the opposing party has now delayed the ultimate resolution of
Your client received an unfavorable final order. You believe you have a solid basis for an appeal. You filed a timely notice of appeal to start the appeals process. Now what? A brief explanation of the procedure for litigating an appeal of a final order in a standard civil case in Florida’s state courts follows, with an emphasis on ensuring
A motion for rehearing can be a useful tool to allow the trial court to correct potential error without appellate court proceedings. However, a party filing a motion for rehearing with an eye toward a potential appeal must be careful to adhere to applicable deadlines. Failure to comply with the deadlines could result in dismissal of an appeal. A brief
