Category Archives: Appeals

Original Proceedings: Part I – The Basics of Certiorari

In this post, which is the first in a series on original proceedings, Jennifer Sommerville and Suzanne Labrit provide a primer on the basics of common law certiorari jurisdiction and procedure with respect to non-final orders in civil cases. CONTINUE READING...

“As a Matter of Law” Means Just That: Denial of Immunity Appeals Under Rule 9.130

Attorney Jennifer Sommerville explains why appellate attorney practitioners need to be careful when drafting any order determining that a party is not entitled to statutory immunity. The words "as a matter of law," can make all the difference. CONTINUE READING...

Enforcing the Mandate when the Trial Court Deviates or Delays

Board certified appellate attorney Suzanne Labrit explains the mechanics of enforcement of mandates. CONTINUE READING...

How to Determine Whether an Order is “Final” for Appellate Purposes

An appellate court determines the finality of an order, judgment or decree when the order constitutes an end to the judicial labor in the cause and nothing further remains to be done by the court. Although this standard seems straightforward, its application often proves to be tricky. In this post, Amy Wessel explains how to navigate the nuances in determining whether an order is final for appellate purposes. CONTINUE READING...

There is a Quiet Revolution in Appellate Brief Writing

Is something lost when a Judge reads our argument only from an electronic screen? Steve Maher examines this question and offers suggestions about how to approach briefing in the ‘post-revolutionary” environment. CONTINUE READING...

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