Category Archives: Record on Appeal

“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...

Can the Tipsy Coachman Get You Home (and an affirmance)?

Tampa partner, board certified appellate lawyer Suzanne Labrit explains how the ‘tipsy coachman’ doctrine may provide a basis for affirmance even if the trial court’s reason for its ruling is not the ‘right’ reason. CONTINUE READING...

When is an Appellant Required to Provide the Court with the Transcript from a Summary Judgment Hearing?

Any Florida appellate attorney worth their salt is familiar with the Applegate line of cases requiring the appellate court to affirm the judgment on appeal when the appellant has not provided a record adequate to demonstrate reversible error. Although it may be tempting to rely on such caselaw when your opponent fails to provide the appellate court with a transcript from a summary judgment hearing, you should think twice before doing so. Fort Lauderdale attorney Amy Wessel explains why. CONTINUE READING...