Print Archive — 1996-1999

Winter 1999

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Chair’s Message
Lucinda A. Hofmann

This message discusses the creation of the section’s website.

Appellate Mediation: Mandatory Programs in the First and Fourth DCAs
Colleen Crandall

This article provides an overview of appellate mediation programs in the state and discusses the incentives to mediate on appeal.

Calculating Briefing Schedules in the United States Court of Appeals for the Eleventh Circuit: New Local Rules effective April 1, 1999
Linda Collins Hertz

This article provide an overview of federal rules relevant to the briefing schedule on appeal.

Lawyers Gain Valuable Insight About Florida’s Appellate Courts at Annual Appellate Advocacy Workshop
Ilene L. Pabian

This article summarizes the events at the 2nd annual appellate advocacy workshop.

State Civil Case Update
Keith Hope

This article summarizes recent developments in state civil caselaw. Topics include review of appellate attorney fee orders, appealability of an order denying a motion to dismiss, the consequences for untimely briefs, standing of nonparties, appellate costs, and when to file an amicus brief.

Preservation of Error Seminar a Great Success
Bonita Kneeland Brown

Committee Reports


Fall 1999

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Chair’s Message
Lucinda A. Hofmann

This message discusses the section’s name change and upcoming events.

Announcing Florida’s First Regional Moot Court Competition
Robert Glazier

Just What is a Civil Supersedeas Bond and Do I Need One?
Angela C. Flowers

This article discusses the when, where, how and why of superseding a money judgment during the pendency of an appeal.

Minutes of the Executive Council Meeting

Book Review: “The Oxford Guide to United States Supreme Court Decisions”
Scott D. Makar

This feature is a review of a book cataloging important decisions of the United States Supreme Court.

A Few Words with Judge Altenbernd
Tom Elligett

This article contains an interview with Judge Chris Altenbernd of the Second DCA.

Committee Reports

Inside the Fourth District Court of Appeal
Ilene L. Pabian, Marilyn N. Beuttenmuller, Roy D. Wasson

This article “offers an informational and entertaining history of the Fourth DCA, a fairly comprehensive look at the internal workings of the Court, many practical tips for practice before the Fourth District, from basic pointers to matters of fine-tuning, and glimpses into the backgrounds of the members of the Court.


Summer 1999

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The Undeniable Appeal of Attorney Fee Orders
Charles Tyler Cone

This article discusses the appealability of attorney fee orders.

Message from the Chair: Error Contributing to a Verdict Equals a Miscarriage of Justice
Roy D. Wasson

This message discusses the issue of harmless error in the appellate process.

Inside the Eleventh Circuit Court of Appeals
Frederick H. Nelson

“The purpose of this article is to supply the federal appellate practitioner with some practical guidelines on how to proceed with a civil appeal before the Eleventh Circuit Court of Appeals.”

Time For Acts Under the Federal and Eleventh Circuit Rules of Appellate Procedure

Committee Reports

State Criminal Appellate Law Update
Roberta G. Mandel

This article summarizes recent developments in Florida criminal caselaw. Topics include the retroactivity of Florida Rule of Criminal Procedure 3.180(b), public records requests by prisoners, error in the trial court’s inquiry into jury’s numerical division on a verdict, necessity of renewal of motion for judgment of acquittal, defendant stipulation to felon element of felon-in-possession case, and the preservation of a claim of improper impeachment.

Minutes of the Executive Council Meeting


Spring 1999

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Federal Civil Case Update
Beverly A. Pohl

This article summarizes recent developments in federal civil caselaw. Topics include jurisidiction to hear untimely appeals, review of post-judgment Rule 11 orders, and various evidentiary issues including Daubert and hearsay.

Message from the Chair: We’ve come a long way, baby!
Roy D. Wasson

This message discusses the evolution of appellate practice as its own specialization.

A Few Words with Judge Parker
Tom Elligett

This feature contains an interview with Judge Parker at the Second District.

Committee Reports

The Ten or So Most Useful Websites for Lawyers
Robert S. Glazier

This article provides and overview of the top ten most helpful websites to appellate lawyers.

Book Review: “Florida Appellate Practice and Advocacy,” “The Supreme Court of Florida and Its Predecessor Courts”
Scott D. Makar

This feature reviews books related to the Florida Supreme Court and appellate practice.


Winter 1998

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Certifying Questions to The Florida Supreme Court: What’s So Important?
Raoul G. Cantero, III

“This article discusses some major reasons courts have stated for certifying a question of great public importance.”

Message from the Chair: Acceptable Judical Activism — Boosting Professionalism

This message discusses the usefulness of judicial activism only in the area of discouraging unprofessional conduct by attorneys.

Minutes of the Executive Council Meeting

Fourth District Court of Appeal Commences Appellate Mediation Program
Honorable W. Matthew Stevenson

This article commemorates the commencement of the Fourth District’s appellate mediation program.

Appellate Skills Workshop A Big Success

Inside the Fifth District Court of Appeal: The Fifth DCA
Roy D. Wasson, Judge Jacqueline Griffin, Sharon Stedman

This feature profiles the Fifth District Court of Appeal, covering its creation, judges, and practice preferences.

Federal Criminal Appellate Update
Benedict P. Kuehne and Susan Dmitrovsky

This article summarizes federal criminal caselaw updates. Topics include actual innocence as a basis for postconviction relief, withdrawal of mandate by the appellate court, certiorari review of the denial of certificate of appealability, availability of habeas relief after expiration of sentence, sua sponte raising procedural default in habeas context, the harmless error analysis of the failure to give materiality instruction, immunity for prosecutors, abuse of certiorari process, Daubert, jurisdiction to hear challeges to deportation proceedings, Fifth Amendment privilege at sentencing, materiality as an element of federal fraud statutes, validity of restitution orders, postconviction relief from sentence affected by subsequent claridying amendment to the guidelines, deliberation by an alternate juror, jurisdictional defects in a criminal prosecution, and options available on resentencing.

Timetable For Discretionary Review To Florida Supeme Court From Florida District Court of Appeal
Christopher L. Kurzner and Lucinda A. Hofmann

This table summarizes the procedural rules applicable to seeking discretionary review with the supreme court.

Committee Reports


Fall 1998

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Inside the District Court of Appeal, The Fourth DCA
Roy D. Wasson, Marilyn Beuttenmuller, Scott Mager

This feature profiles the Fourth District Court of Appeal, covering its creation, judges, and practice preferences.

Message from the Chair

This message encourages members to get more involved with section leadership.

Book Review: “A Book of Legal Lists: The Best and Worst of American Law”
Scott D. Makar

This feature discusses books on the subject of decision-making in the American Legal System.

State Civil Case Update
Keith Hope

This article summarizes recent updates in state civil caselaw. Topics include “pass-through” jurisdiction, finality of orders on liability in family law appeals, finality of orders in worker’s compensation cases, finality of probate orders that determine rights of a party, preserving objections to the jury, and practice tips regarding ethical obligations to the court.

Committee Reports

Evidence Sufficiency Issues and Fundamental Error in State and Criminal Cases
Richard J. Sanders

This Article addresses the following question: in criminal cases, can evidence sufficiency issues be considered as fundamental error, or is a contemporaneous objection necessary to preserve them?


Summer 1998

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Message from the Chair

This message encourages members to attend the annual meeting in Orlando.

Inside the District Court of Appeal, The Third DCA
Roy D. Wasson, Joanne Sargant, Alberto Gayoso

This feature profiles the Third District Court of Appeal, covering its creation, judges, and practice preferences.

First District Court of Appeal Appellate Mediation Program
Donna Riselli Gebhart

This article provides an overview of the appellate mediation program at the First District.

Impressive Legalese
Paul Morris

This article provides a glossary of legalese for the appellate attorney.

Remembering Bertha Claire Lee: Lawyer’s Lawyer
Keith Hope

This article provides a tribute to Attorney Bertha Claire Lee.

Florida Criminal Law Update
Paul Morris

This article discusses the concept of a nonfundamental sentencing error and summarizes types of error in this category.

Timetable for Appeal of Non-Final Orders from Florida Circuit Court to District Court of Appeal
Christopher L. Kurzner, revised by Lucinda A. Hofmann

This table summarizes the procedural rules that impact appeals of non-final orders.

Federal Civil Case Law Update
Beverly A. Pohl

This article summarizes recent updates in Federal case law. Topics include timeliness of appeal, timeliness of amendments to a complaint, jurisdiction to review injunctions, finality of orders containing “without prejudice” language, estoppel in the context of ADA claims and Social Security Disability claims, the enforceability of injuctions from another state, and legislative immunity of local officials.

Committee Reports


Spring 1998

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Inside the District Court of Appeal, The Second District
Roy D. Wasson

This feature profiles the Second District Court of Appeal, covering its creation, judges, and practice preferences.

Message from the Chair

This message encourages members to get more involved with section leadership.

The Award of Attorneys Fees on Appeal
Lauri Waldman Ross

The purpose of this article is to provide the appellate practitioner with an overview of the substantive basis for an award of appellate attorney’s fees and the procedural requisites that must be followed before an appellate court will grant an award of fees.

Book Review “Florida Appellate Practice” “Judges on Judging: Views from the Bench” “Federal Criminal Appellate Update”
Scott D. Makar

This feature discusses books on the subject of judicial review.

State Civil Appellate Update
Keith Hope

This article addresses recent caselaw regarding state civil appellate law, including attorney fees, rendition, and timeliness of appeal.

Committee Reports

Featured Website for Appellate Lawyers
Robert S. Glazier

This article discusses the benefit of using the website Gavel to Gavel in order to view recordings of argument in the Florida Supreme Court.


Winter 1997

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Inside the District Court of Appeal, The First District
Thomas D Hall

This feature profiles the First District Court of Appeal, covering its creation, judges, and practice preferences.

Message from the Chair
Christopher L. Kurzner

This message discusses the push towards a vendor neutral citation system in light of recent technological advancements that have made alternate sources of opinions available, as opposed to relying solely on West Publishing.

Timetable for Appeal Florida Circuit Court to District Court of Appeal: Civil
Christopher L. Kurzner

This table outlines various rules of procedure applicable to civil appeals.

Committee Reports

Minutes of the Executive Council Meeting

Book Review: “Race Crime, and the Law” “Shades of Freedom: Racial Politics and Presumption of the American Legal Process” “Black Judges on Justice”
Scott D. Makar

This feature discusses books on the subject of race and the law.


Fall 1997

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The Supreme Court Series Part IV, The Jurisdiction of the Florida Supreme Court
Gerald Kogan and Craig Waters

Message from the Chair
Christopher L. Kurzner

Appellate Rules Liaison Committee Report


Summer 1997

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The Supreme Court Series Part IV, The Jurisdiction of the Florida Supreme Court
Gerald Kogan and Craig Waters

Message from the Chair: Who is Out of Touch?
Raymond T. Elligett, Jr.

The Bluebook Signals a New Era and Other Changes in the 16th Edition of Uniform System of Citation
Susan W. Fox

Interview of Chief Judge Joseph W. Hatchett of the United States Court of Appeals for the Eleventh Circuit

Committee Updates

Changes to Florida Rules of Appellate Procedure
Marguerite H. Davis


Winter 1996

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Two Thoughts on Amicus
Raymond T. Elligett, Jr.

This article discusses practice tips related to participating in a case as amicus curiae.

The Jurisdiction of the Florida Supreme Court
Gerald Kogan and Robert Craig Waters

This article discusses the Florida Supreme Court’s mandatory appellate jurisdiction and its jurisdiction to issue advisory opinions.

A Practical Overview of Appellate Mediation at the First District Court of Appeal
Thomas D. Hall

This article provides an overview of the First DCA’s appellate mediation pilot program.

Updates – Inside the District Courts of Appeal

This article contains several judicial profiles of the various District Court judges.

Committee Reports


Fall 1996

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Message from the Chair
Raymond T. Elligett, Jr.

This message discusses the benefits of becoming a member of section.
See Full Article.

The Supreme Court Series, Part II: The Operation of the Florida Supreme Court
Gerald Kogan and Craig Waters

This article describes the inner workings of the Florida Supreme Court.
See Full Article.

Letters to the Editor
Glen P. Gifford

This feature is a response to a story in a previous issue of The Record.

The Case of the Defamed Stripper: Why Appellate Lawyers Should be on the Internet
Robert S. Galzier

This article discusses using the internet as an appellate practice tool.
See Full Article.

Committee Updates


Summer 1996

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Message from the Chair
Anthony C. Musto

This article thanks various members of the section for their contributions.

Section Plans Bar Convention Activities
Angela C. Flowers

This article discusses the events of the upcoming bar convention.

Chair-Elect’s Message: Credit Where It’s Due
Raymond T. Elligett, Jr.

This article thanks various members of the section for their contributions and seeks to recruit other members.

The Supreme Court Series, Part I

This articles provides biographies for the Justices of the Florida Supreme Court.
See Full Article.

In the Supreme Court of Florida, In Re: Amendments to the FL Rules of Appellate Procedure
Anthony C. Musto

This feature is a publication of the section’s comments following its January 1996 meeting regarding proposed amendments to the Florida Rules of Appellate Procedure.

Federal Civil Appellate Update
Robert W. Thielhelm, Jr. and Lea Ann Banks

This article provides an overview of recent developments in federal civil caselaw. Topics include: the appealability of unfavorable qualified immunity rulings; the consequence of unartful pleading; the separability requirement of Rule 54(b); Rule 407 and evidence of subsequent remedial measures in a strict products liability context; appellate jurisdiction to review remand orders; and certiorari.
See Full Article.

Federal Criminal Update
Barbara Arlene Fink

This article provides an overview of recent developments in federal civil caselaw. Topics include: excusable neglect in seeking an appeal; aggregation of petty offenses in the context of determining whether a jury trial is mandated; and the commerce clause and the Federal Arson Statute.
See Full Article.

State Criminal Law Update
David A. Davis

This article discusses retroactive application of the law. See Full Article.

Book Review: “The Unpublished Opinions of the Rehnquist Court,” “Decision: How the Supreme Court Decides Cases,” and “The Center Holds: The Power Struggle Inside the Rehnquist Court”
Scott D. Makar

This feature reviews books regarding the Supreme Court of the United States.
See Full Article.


Spring 1996

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The Accidental Jurist
David W. Henry

This article provides practice tips for the infrequent appellate practitioner.
See Full Article.

From the Chair-elect
Raymond T. Elligett, Jr.

This article briefly discusses the professionalism of appellate judges and practioners.

Social Security Appeals
Barbara Arlene Fink

This article provides a practical overview of social security appeals.

Executive Council Update

Shaping Appellate Opinions: The Appellate Role
David A. Davis

Focusing on the decision in Saffor v. State, 660 So. 2d 668 (Fla. 1995), this article discusses the degree to which an appellate court may alter the issues as framed by counsel in a given case.

Committee Updates

Bylaws of the Appellate Practice and Advocacy Section

Message from the Chair
Anthony C. Musto

This article broadly addresses changes to the appellate practice landscape in Florida.