A Primer on the Law of the Case Doctrine in the Eleventh Circuit

  by Paul Avron   The law of the case doctrine is not applied on a daily basis, but it is a viable tool for litigants who obtain favorable rulings in interlocutory appeals for subsequent proceedings in the same case so long as there is no change in facts or controlling law. As recently explained...

Appellate CPR: Resuscitating Your Family Law Case on Appeal Without a Transcript

Winter 2017, Volume XX, No. 7 By Michael M. Giel You’re holding a final judgment peppered with errors. Maybe the court awarded certain relief without making statutorily required findings. Or some of the findings aren’t supported by the evidence and trial testimony. Perhaps the order adopted a magistrate’s...

The Effect of Bankruptcy Stay on a Subsequently Filed Appeal

Winter 2017, Volume XX, No. 7 By: Heather M. Kolinsky The Second District Court of Appeal recently reiterated that an automatic stay in bankruptcy, 11 U.S.C. § 362(a)(1) (2012), renders a subsequently filed notice of appeal in a related state proceeding void and acknowledged that there currently is no state...

Changes to the Florida Rules of Appellate Procedure Effective January 1, 2015

Spring 2015 By David Knapp Winston Churchill once said: “To improve is to change; to be perfect is to change often.”1  The Florida Rules of Appellate Procedure may not be perfect, but as part of the regular three-year rule cycle, a number of them will be changing effective January 1, 2015.2 The Florida...

A Moving Target: How to Seek Fees in Your Original Proceedings

Summer 2014 By Jared Michael Krukar, Esq. Florida Rule of Appellate Procedure 9.400(b) establishes the procedure for seeking attorney fees on appeal. Many practitioners have long assumed that the rule similarly applies to original proceedings, there being no other rule clearly providing an alternative...