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...

Motions for Rehearing: Rules 1.530(a) vs. 9.330(a)

What is the difference between the two rules? Simply put, one leaves the door open for new arguments while the other keeps it shut. 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...

Keep it Brief: What You Should Know About the Changes to the Federal Rules of Appellate Procedure

Amendments to the Federal Rules of Appellate Procedure will take effect December 1, 2016. Steve Maher discusses the controversial change in reduction of type-volume limitations for appellate briefs. CONTINUE READING...

When a Motion for Rehearing Can Blow Your Appeal Deadline

Can filing a motion for rehearing blow a party’s right to appeal? Yes! Suzanne Labrit outlines three common ‘minefields’ to avoid when considering a motion for rehearing. CONTINUE READING...