Tag Archives: Appeal

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...

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...