The Use of Latin Words or Phrases in Legal Writing

Fall/Winter 2016 Adam M. Hapner This article serves to briefly educate readers on the appropriate use of Latin words or phrases in legal writing. It addresses two common misconceptions concerning when and how to use a Latin word or phrase. While the following rules and advice are particularly helpful to...

The Use of Latin Words or Phrases in Legal Writing

by Adam M. Hapner This article serves to briefly educate readers on the appropriate use of Latin words or phrases in legal writing. It addresses two common misconceptions concerning when and how to use a Latin word or phrase. While the following rules and advice are particularly helpful to appellate...

Harmless Error Redefined

Spring 2015 By E. Lugo The harmless error standard applicable to civil cases has changed.  Late last year, the Florida Supreme Court held that an error is harmless if “the error complained of did not contribute to the verdict” or “there is no reasonable possibility that the error complained of contributed...

Unexpected Time Commitments: Complying with Florida’s Electronic Filing-and-Serving Protocol When Submitting Large Documents

Spring 2015 By Jay A. Yagoda and Brigid F. Cech Samole While most appellate practitioners are aware of Florida’s mandatory electronic filing (“e-filing”) and service (“e-service”) procedures, there are important differences between the two e-filing applications used by the appellate courts. By understanding...

Terms of Endearment for Appellate Clerks: How to Stay in an Appellate Court Clerk’s Good Graces

Summer 2014 by Carrie Ann Wozniak, Esq., Partner, Akerman LLP with Pamela Masters, Esq.,
Clerk of Florida’s Fifth District Court of Appeal Most appellate practitioners know that the Clerk’s Office is the gateway to the Court. All documents are led in the Clerk’s Office and reviewed by the Clerk, who is...

Eleventh Circuit Declines to Limit the Pearlman Doctrine to Interlocutory Appeals in the Grand Jury Context

Summer 2014 By Paul A. Avron In a first impression issue, a panel of the Eleventh Circuit declined to limit the Pearlman doctrine1—under which an intervenor can file an interlocutory appeal from an order denying a motion to quash a grand jury subpoena—to the grand jury context.  Relevant here, in Doe No. 1...

What State Criminal Practitioners should know about Federal Habeas Corpus

Summer 2014 By Gray R. Proctor I. General Considerations Practitioners should be aware that federal habeas review exists to correct only errors of federal law.1 Violations of state law are still relevant when they prove a violation of a federal right, such as effective assistance of counsel. Another general...

The Persistent Legislative, Executive, and Corporate Attempts to Control the Judiciary

Spring 2014 by Dorothy F. Easley1 A. Introduction Congress and the Executive Branches have long-attempted to wrest power from the courts. Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803), is perhaps the most well-known and consistently invoked case on this issue. Marbury established the...

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