The Appellate Practice Section of The Florida Bar is pleased to bring you The Record in a new online format.  The Premier publication about all things Appellate is now easier to read with more timely submissions.  We are also in the process of uploading selected articles from archived editions of The Record, so they will be searchable and available here.  In the meantime, you can access archived edition of The Record using the print archive link in the top right corner of the screen.  Check back regularly for new content, articles, and announcements from the Appellate Practice Section!

If you’d like to submit an article for The Record, please contact the Editor, Courtney Fernald, at cfernald@eflegal.com.

Chair’s Message

Most Recent 

Chair’s Message – October 2020

Ghouls, Goblins, Ghosts, and Pro Bono . . . Wait, what?!?!  YES, it's Halloween. But more importantly, it's National Pro Bono Week. For many, this may be a spooky thought, but it does not have...

Chair’s Message – September 2020

Fall. You know what that means, right? Pumpkin spice lattes. Leaves changing color. The temperature begins dropping. And ... wait a minute. This is Florida. So, the latter two probably aren't really...

Chair Message – July/August 2020

It's been just over a month since I took the helm of our amazing Section. So, let me begin my first Chair's Message by thanking you for trusting me with your Section. It's an honor to serve. As we...

Chair’s Message – June 2020

Dear Section Members: Which Section of the Florida Bar was just featured in a front-page article of the Wall Street Journal? Read for yourself how the grammatical exploits of past chairs Duane...

The APS to Spotlight its Pro Bono Volunteers

To Give or Not to Give By Kimberly Berman, Esq. As 2020 draws to a close, now more than ever people are in need of pro bono legal services. Yet, recent studies show that fewer lawyers are taking on...

St. Yves, Patron Saint of Lawyers

As you may know, there are patron saints for a lot of things. My inquiring mind asked, who is the patron saint of lawyers? . . . This article will focus on St. Yves.

Pro Bono Committee Partners with Catholic Legal Services to Assist With Immigration Appeals

The Appellate Practice Section’s Pro Bono Committee is pleased to announce a pro bono partnership with Catholic Legal Services (CLS) in Miami to provide pro bono appellate representation in...

Justice John D. Couriel

By: Julia Kapusta At the age of eleven, Justice John D. Couriel, a self-proclaimed aviation nerd, traveled from London to New York on the Concorde, an airplane that traveled at a maximum speed of...

CLE

Featured Article

Judicial Profile

2020 Appellate Board Certified Attorneys

The Appellate Board Certification Committee is pleased to announce that the following attorneys have earned board certification: Kimberly Berman, Ft. LauderdaleEric Levine, West Palm BeachJohn...

AJEI / ECAPI 2018 Summit

Save the date! AJEI / ECAPI 2018 Summit | Nov. 8-11, 2018 Marriott Marquis, Downtown Atlanta The Appellate Practice Section is proud to support the Eleventh Circuit Appellate Practice Institute...

Join the Section for the 2018-2019 Monthly Audio Webcast Season

Last year, the Section moved into the technological age and revamped the monthly CLEs. It moved from a telephonic to a webinar format. This change was a huge success.  It allowed the speakers to use...

The APS to Spotlight its Pro Bono Volunteers

To Give or Not to Give By Kimberly Berman, Esq. As 2020 draws to a close, now more than ever people are in need of pro bono legal services. Yet,...

St. Yves, Patron Saint of Lawyers

As you may know, there are patron saints for a lot of things. My inquiring mind asked, who is the patron saint of lawyers? . . . This article will focus on St. Yves.

Pro Bono Committee Partners with Catholic Legal Services to Assist With Immigration Appeals

The Appellate Practice Section’s Pro Bono Committee is pleased to announce a pro bono partnership with Catholic Legal Services (CLS) in Miami to...

Justice John D. Couriel

By: Julia Kapusta At the age of eleven, Justice John D. Couriel, a self-proclaimed aviation nerd, traveled from London to New York on the Concorde,...

Justice John D. Couriel

By: Julia Kapusta At the age of eleven, Justice John D. Couriel, a self-proclaimed aviation nerd, traveled from London to New York on the Concorde,...

An Interview with Justice Robert J. Luck

In January of this year, Governor Ron DeSantis appointed the Honorable Robert J. Luck to be the 88th justice of the Florida Supreme Court, filling one of three vacancies left at the end of 2018 by the retirements of Justices Barbara Pariente, Fred Lewis, and Peggy Quince.

Tenth Circuit Judge Andrea Teves Smith Joins the Second DCA

Q: So you always knew you wanted to be an attorney?
A: Oh yes. When I was nine I drafted an affidavit on behalf of my sister after she was pushed off a bike.

Judge Robert J. Luck

By: Thomas S. Ward On February 8, 2017, Judge Luck was appointed to serve as the thirty-seventh judge in the history of the Third...

Civil Appeals

Rules of Procedure

Criminal Appeals

Retroactive Application of Law to Cases Pending on Appeal

Occasionally, while an appeal is pending, the law changes in a way that could affect the outcome of the case.  Therefore, appellate attorneys should...

Constitution Revision Commission Update

April 9, 2018 by Courtney Brewer And then there were twelve . . . or is it twenty-four? After a series of public hearings and meetings over the...

Constitution Revision Commission Update

February 16, 2018 The CRC wrapped up committee meetings in early February and is now traveling the state holding public hearings.  To find out if...

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...

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...

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,...

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...

Retroactive Application of Law to Cases Pending on Appeal

Occasionally, while an appeal is pending, the law changes in a way that could affect the outcome of the case.  Therefore, appellate attorneys should...

Constitution Revision Commission Update

April 9, 2018 by Courtney Brewer And then there were twelve . . . or is it twenty-four? After a series of public hearings and meetings over the...

Constitution Revision Commission Update

February 16, 2018 The CRC wrapped up committee meetings in early February and is now traveling the state holding public hearings.  To find out if...

Constitution Revision Commission Update – February 2, 2018

February 2, 2018 After a couple of full weeks of committee meetings, the Legislative Committee has some updates to report on the CRC, one of which...