Print Archive – 2005-2010

Fall 2005

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Chief Judge Carolyn Fulmer
Raymon T. (Tom) Elligett, Jr.

This article presents an interview conducted with Judge Carolyn Fulmer at the time of her election to Chief Judge of the Second District Court of Appeal.

Message from the Chair
Thomas D. Hall

An Afternoon with the Chief: Robert H. Pleus, Jr., of Florida Fifth District Court of Appeal
Shannon McLin Carlyle

This article highlights the career of Judge Robert H. Pleus, Jr., through to his election as chief judge of the Fifth District Court of Appeal.

Judge Bradford L. Thomas Joins the First DCA
Wendy S. Loquasto

This article presents the career of Judge Bradford L. Thomas up through his appointment to the First District Court of Appeal.

Judge Edward LaRose Joins the Second District
Raymon T. (Tom) Elligett, Jr.

This article presents an interview conducted with Judge Edward LaRose at the time of his appointment to the Second District Court of Appeal.

Appellate Jurisdiction — Orders on Motions for New Trial, Rehearing, and Relief from Judgment — What’s Appealable?
Craig B. Hewitt, II

This article presents a guide to determining whether a particular order is appealable.

What I Did at Appellate Camp This Summer (A Report from the Best Seminar Ever)
Nicholas A. Shannin

Book Review: Florida Appellate Practice and Advocacy
Scott D. Makar


Summer 2005

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Judge Anne C. Booth of the First District Court of Appeal Retires
Linda Griffiths Bulecza

This article chronicles Judge Anne C. Booth’s career from her start as a college student through her retirement from the First District Court of Appeal in January 2005.

Message from the Chair
Thomas D. Hall

Appellate Fest at the Annual Bar Meeting
Alina Alonso

2005 Adkins Award and Pro Bono Award Winners
John G. Crabtree

The Honorable Richard J. Suarex: An Advocate for Ethics and Professionalism in the Appellate Arena
Cory W. Eichhorn

This article profiles Judge Richard J. Suarez.

Introducing Judge Angel A. Cortiñas of the Third District Court of Appeal
Roberta G. Mandel

This article profiles Judge Roberta G. Mandel.

Judge Leslie B. Rothenberg – Looking Beyond the Gloss
Kathleen M. O’Connor

This article profiles Judge Kathleen M. O’Connor.

The Annual Dessert Reception Sways in Key West Style!
June G. Hoffman

Second DCA/Stetson Partnership Provides Unique Benefit to Students
Jan Majewski

The New Robert Butler Gallery on the Second District’s Website
Judge Chris W. Altenbernd

In 1985, the Florida Arts Council approved the commission of twelve original paintings by Florida arist Robert Butler. This article tells the story of how the Second District Court of Appeal came to display this art.

The Backlog in Juvenile Appeals in Hillsborough County: What Appellate Lawyers Can Do To Help
Katherine Earle Yanes


Spring 2005

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Judge Thomas D. Sawaya: Chief Judge of the Fifth District Court of Appeal
Susan S. Lerner

This article highlights Judge Thomas D. Sawaya’s life and career up through his election as Chief Judge of the Fifth District Court of Appeal.

Chief Judge David L. Levy: Giving His Regards to Broadway
Edward G. Guedes

This article chronicles Judge David L. Levy’s life and career up through his election as Chief Judge of the Fifth District Court of Appeal.

Message from the Chair: And the Survey Says …
John Crabtree

The Florida Bar’s “Successful Appellate Advocacy Seminar” – An Invaluable, Long-Term Investment
Celene Humphries

A Practical Guide to Conflict Review in the Supreme Court of Florida
Kathleen M. O’Connor

This article provides a practical guide to bringing appeals to the Florida Supreme Court based on conflict between the Florida Districts Courts of Appeal. Among other things, this article explains the types of conflict that may exist, whether they be direct or apparent, how to identify conflicts, the effect of per curiam affirmances or per curiam dismissals in the district court, and how to brief conflict cases.

The End of an Era at the Third District Court of Appeal: The Retirement of Judge Robert L. Shevin, Judge Mario P. Goderich and Chief Judge Alan R. Schwartz
Roberta G. Mandel

This article details the careers of Judges Robert L. Shevin, Mario P. Goderich, and Alan R. Schwartz.

Learning to Put Yourself in the Best Position to Win on Appeal: A Young Lawyer’s Perspective
Cory W. Eichhorn

This article provides advice from a young lawyer on how to be a successful appellate practioner. The article recommends that all would-be successful appellate practitioners: one, obtain litigation experience; two, become involved; three, don’t be afraid to take chaces; four, ask questions; five, welcome new opportunies; six, learn the role of an appellate lawyer; and seven, be prepared.

The Roots of Preservation
Jack J. Aiello

This article discusses the history and application of the requirement that errors, in general, must be preserved for appellate review.

Senior Judges, Mandatory Retirement, and the Freedom to Choose to Continue Contributing
Dorothy F. Easley

This article discusses the importance of senior judges to our court system.


Winter 2005

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Judge Linda Ann Wells of the Third District Court of Appeal
Rima Y. Mullins

This article profiles Judge Linda Ann Wells life up through her time serving on Third District Court of Appeal.

Message from the Chair
John G. Crabtree

Recent Appellate Decisions on the Legal Sufficiency of Petitions for Administrative Hearing: “The Rules Have Changed”
Gregory J. Philo

Ethical and Strategic Dilemmas Posed by Federal Appellate Bars to Plain Error Consideration of Newly-Available Claims; The Rule 52(b) Response to a “Catch-22”
Richard C. Klugh, Jr.

Deadlines for Serving Briefs: What Florida’s Appelalte Courts Should Consider in Phrasing Orders Granting Enlargements of Time
Roy D. Wasson

This article proposes langauge for appellat courts to use when granting enlargements of time.

State Civil Case Update
Keith Hope

Are Remand Orders by District Court to Bankruptcy Courts in the Eleventh Circuit “Final” Orders for Purposes of Appeal?
Paul A. Avron

Setting the Standard: A Fresh Look at Finding the Right Standard of Review
Ellwanger Gallagher

This article discusses the differences between the de novo and abuse of discretion standards of review and proposes that, sometimes, the traditional application of these standards should be abandoned.

Editor’s Column: Bryan Garner Counsels Appellate Lawyers and Judges on Effective Legal Writing
Dorothy F. Easley


Fall 2006

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Profile of Judge W. Matthew Stevenson
Margaret Wood

This article profiles Judge W. Matthew Stevenson, from his time as a college student through his election as the Chief Judge of the Fourth District Court of Appeal.

Message from the Chair – Myths About Involvement in the Appellate Practice Section
Susan W. Fox

Justice Quince Honored at the ABA Annual Meeting
Alina Alonso

Details, Details: Practical Tips From an Appellate Law Clerk’s Perspective
Kristi L. Bergemann

A law clerk from the Fourth District Court of Appeal offers inside perspective to help appellate practioners improve their briefs, oral arguments, and practice of appellate law in general.

Apprendiin Florida: Jury Findings on Sentencing Factors and Elements, Retroactivity, and Harmless Error in Non-Death Penalty Cases
Mike Giel

Apprendi v. New Jersey and Blakely v. Washington greatly changed a trial court’s ability to enhance sentences beyond the statutory maximum. This article looks at the field of sentencing law in the immediate aftermath of these cases, with special focus on retroactivity and harmless error.

Building the Perfect Record
Jack R. Reiter

This article offers practical advice for creating a proper record for appellate review, from preservation to preparation and submission.

Professionalism and the Appellate Practitioner
Richard Valuntas

This article discusses the proper methods for submitting supplemental records and supplemental authority.

Inaugural Eleventh Circuit Appellate Practice Institute Premieres to a Full House
Valeria Hendricks

Appellate Court Rules Committee Update
Steven L. Brannock

Recent Amendments to Florida Rules of Appellate Procedure
Henry G. Gyden

CAL – Six Years Old and Going Strong
Robert E. Biasotti


Summer 2006

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Criminal Law Update
Roberta G. Mandel

Message from the Chair
Susan W. Fox

Judge Kerry Evander Joins the Fifth District Court of Appeal
Christopher V. Carlyle

This article details the career of Judge Kerry Evander, from his time as a student at the Air Force Academy to his appointment to the Fifth District Court of Appeal.

The First Annual Appellate Justice Conference
Judge Charles Khan and Celene Humphries

An Annual Meeting Tradition with the Florida Supreme Court
Celene Humphries

2006 Adkins Award and Pro Bono Award Winners
Celene Humphries

The Section’s Rock ‘N Roll Bash
Celene Humphries


Spring 2006

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Passing the Torch at Florida’s Fifth District Court of Appeal
Shannon McLin Carlyle

Message from the Chair
Thomas D. Hall

Appellate Jurisdiction Under Rule 9.110(k) Partial Final Judgments – What’s Appealable?
Craig B. Hewitt, II

This article discusses the Florida District Courts of Appeal’s jurisdiction over appeals of partial final judgments.

Report from the Appellate Practice Retreat
Susan  W. Fox

Judge Alan Lawson – The Newest Judge at the Fifth DCA
Christopher V. Carlyle

This article presents Judge Alan Lawson’s biography, from his early childhood to his appointment to the Fifth District Court of Appeal.

The Appellate Rule Making Process
Jack R. Reiter

This article explains the process behind making appellate rules.


Winter 2006

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Federal Law Appellate Update
Steven L. Brannock and Sarah Pellenberg

Message from the Chair
Thomas D. Hall

Should the Appellate Section’s Leadership Track be Changed?
Susan W. Fox

Thoughts on On-line Access and High Profile Cases
Matthew J. Conigliaro

Don’t Miss the 2006 Appellate Practice Section Retreat!
Susan W. Fox

Demystifying the Appellate Certification Process
Angela C. Flowers

This article explains the process of becoming board certified in appellate practice.

A Simple Stabbing’s Effect on Admitting Child-Victim Hearsay in Florida Criminal Trials
Lucretia A. Pitts


Winter 2007-08

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Profile of Judge Vance Salter – the Newest Member of the Third District Court of Appeal
James D. Rowlee

This article presents the career of Judge Vance Salter up through his appointment to the Third District Court of Appeal

Message from the Chair – No Excuses, Just Get Involved!
Steven L. Brannock

Appellate Court Rules Committee Update
Dorothy F. Easley

The Second District Court of Appeal Celebrates its Golden Anniversary
Richard Swank

A Primer on the Effect of Post-Trial Motions for Attorneys’ Fees, Pre-Judgment Interest, and Costs in Federal Court on Previously-Issued Money Judgments
Paul A. Avron

This article walks the reader through the effect, if any, of post-judgment motions for attorneys’ fees, pre-judgment interest, and costs, on the finality of previously-issued money judgments.

Review of Florida’s Third District Court of Appeal Balancing Justice 50 Years 1957-2007
Roberta G. Mandel

Ethics Raw: Director’s Cut
Erin Kinney


Summer 2007

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The Newest Judge at the First DCA: L. Clayton Roberts
Wendy S. Loquasto

This article catalogues the career of Judge L. Clayton Roberts, from his childhood up through his appointment to the First District Court of Appeal

The Chair’s Farewell Message – My Parting Shots
Susan W. Fox

Back to School with Chief Justice Lewis
Alina Alonso

The Riddle of Harmless Error in Florida: Reversal Required Despite Overwhleming Evidence of Guilt
Roy D. Wasson

This article seeks to clarify the appropriate application of the harmless error test adopted in State v. DiGuilio, and explains how that test is more than simply a question of whether there exists overwhelming evidence of the defendant’s guilt.

Editor’s Column – The Appellate Lawyer’s Role in Maintaining Judicial Independence and Accountability – Flip Sides of the Same Coin
Jack R. Reiter

This article gives perspective on whether the duties of judicial independence and accountability coexist, are inherently inconsistent, or complement each other.

The Second Annual Appellate Justice Conference
Siobhan H. Shea

The Changing “Best Interests of the Child” in Termination of Parental Rights and Post Disposition Change of Custody Proceedings
Robin Bresky

50 Years of the First DCA
Wendy S. Loquasto

The Third DCA Turns 50 Years Old
Edward Guedes

2007 Adkins Award and Pro Bono Award Winners
Gwendolyn Powell Braswell

Special Award to Tracy Carlin
Rebecca Bowen Creed

Appellate Practice Section Hosts Annual Discussion with Florida Supreme Court
Barbara Anne Eagan

Making the Most of Moot Court
Harvey J. Sepler

Appellate Practice Section and Cuban American Bar Association Host Annual Dessert Reception
Ceci Berman


Winter/Spring 2007

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A Special Room Honoring a Special Judge
Patricia Williams

This article highlights the career of Judge Paul W. Danahy, Jr.

Chair’s Message
Susan W. Fox

Fifteen Common Mistakes in Appellate Briefs
Elaine M. Williams, Robert Seegmiller, David M. Barr, and Mike Giel

This article presents fifteen common mistakes in appellate briefs: one, writing a long brief; two, rambling; three, writing for a jury; four, attacking the other players; five, fudging the procedural rules; six, arguing in the statement of facts and slanting or omitting facts; seven, failing to cite to the record or going outside it; eight, failing to show the appellate court has jurisdiction; nine, failing to discuss preservation of error and standard of review; ten, arguing weak or superfluous issues; eleven, citing improperly; twelve, using too many or no cites; thirteen, not editing or proofreading; fourteen, ignoring the appellant’s issues to argue your own in the answer brief; fifteen, filing improper notices of supplemental authority.

A Discussion of Rule 9.700, et seq., Florida Rules of Appellate Procedure: The Expanding Role of Appellate Mediations in Florida
Nicholas A. Shannin

To 50(b) or not to 50(b): Unitherm,Winghouse, and the New Rule 50
Dineen Pashoukos Wasylik

Belated Criminal Appeals, and Ineffective Assistance of Appellate Counsel: Criminal Defendants Get a Second and Third Bite at the Apple of Justice
Roy D. Wasson

Direct Appeals From Bankrputcy Courts to Circuit Courts of Appeal Under Amended 28 U.S.C. § 158(d)
Paul Avron

Stopping at the Gate: Your Court’s Jurisdictional Limitations
D. Patricia Wallace

This article discusses the importance of determining an appellate court’s jurisdiction and provides guidance for making that determination.


Summer 2008

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From Judge to Counselor, Justice Bell is Still Just “Kenny”

This article discusses Justice Kenneth Bell’s move from the bench to private practice

Parting Thoughts – A View Upon Leaving the Bench – Justice Raoul G. Cantero
Caryn L. Bellus

This article offers parting advice from Justice Raoul G. Cantero.

Message from the Chair
Siobhan H. Shea

Pro Bono Opportunities for Appellate Attorneys
Alina Alonso

How to Interpret Statutes – Or Not: Pursuing the Phantom of Plain Meaning(s)
Steve Wisotsky

This article presents an appellate practioner’s advice for how, and when, to interpret statute using the plain meaning canon.

The Pro Se (Self-Represented) Appellate Handbook:A Meaningful Rool to Help Those Who Cannot Afford an Appellate Lawyer
Wendy S. Loquasto

This article explains the creation of The Pro Se (Self-Represente) Appellate Handbook, and its contents and purpose.

Appellate Section Awards Justice Raoul Cantero the Adkins Award
Ceci Berman

The Section Awards Dorothy Easley the Pro Bono Award
Kimberly Gracia Jones

And Thus, the Third District Court of Appeal Historical Society is Born
Edward G. Guedes

Another Successful Moot Court Competition and Discussion with Florida Supreme Court
Ceci Berman


Spring 2008

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Getting to Know Judge Jay P. Cohen
Barbara Green

This article presents the career of Judge Jay P. Cohen, from his time as a prosecutor to his appointment to the Fifth District Court of Appeal.

Judge Dorian K. Damoorgian Joins the Fourth District Court of Appeal
Jonathan M. Streisfeld

This article presents the career of Judge Dorian K. Damoorgian through to his appointment to the Fourth District Court of Appeal

Message from the Chair – Appellate Pro Bono
Steven L. Brannock

Board Certification in Appellate Practice: A Rewarding Endeavor
Duane A. Daiker

This article walks the reader through the process of obtaining certification in appellate practice.

Seven Qualities for Beginning Appellate Attorneys
Mary E. Adkins

This article provides advice to would-be appellate practitioners just getting started.

Appellate Joinder: The Practice and Procedure and an Apparent Exception to the 30-Day Window for Seeking Review
Jonathan M. Streisfeld

Editor’s Column: The Problem with Preservation of Error
Jack R. Reiter

This article examines the tension that exists between trial strategy and appellate preservation.


Fall 2009

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Summer 2009

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Fall/Winter 2009

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Fall 2010

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Spring 2010

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Winter 2010

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