Fall 2005
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
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
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
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
Download the Fall 2006 PDF
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
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
Download the Spring 2006 PDF
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
Download the Winter 2006 PDF
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
Download the Winter 2007-08 PDF
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
Download the Summer 2007 PDF
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
Download the Winter/Spring 2007 PDF
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
Download the Summer 2008 PDF
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
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
Download the Fall 2009 PDF
The Principle of Party Presentation – What’s Your Point?
Evan J. Langbein
Lessons I’ve Learned from My Fifteen-Year-Old Daughter on the Practice of Appellate Law and Why Our Section Supports the AJEI Summit
Dorothy F. Easley
Days are Days: Calculation of Time and Other Changes to the Federal Rules of Appellate Procedure
Dineen Pashoukos Wasylik
Trial Court Discretion to Reduce Supersedeas Bond Amounts: The Legislature Resolves an Interdistrict Conflict
James H. Wyman
Section Presents 2009 Adkins Award to Judge Webster
Rob Hauser
Sylvia H. Walbolt: Recipient of the 2009 Florida Bar Foundation Medal of Honor Award
Christine Davis Graves
Bryan Gowdy Receives 2009 Pro Bono Award
Sarah Lahlou-Amine
Make Sure Proposed Participation as Amicus Curiae Is Actually Court-Friendly
Jeffrey Gillen
Judicial Profile: Judge Nikki Ann Clark: The Transition from Trial Judge to the First DCA
Wendy S. Loquasto
Judicial Profile: Chief Judge Paul M. Hawkes Shepherds the First DCA into the Future
Wendy S. Loquasto
Judicial Profile: Judge Robert J. Morris, Jr., Joins the Second District Court of Appeal
Stephanie Zimmerman
Judicial Profile: Darryl C. Casanueva – Chief Judge of the Second District Court of Appeal
Valeria Hendricks
Judicial Profile: Welcoming Judge Juan Ramirez, Jr. as Chief Judge of the Third District Court of Appeal
Jordan S. Kosches
Judicial Profile: Judge Jonathan Gerber: Humility and Hard Work Is a Formula for Achievement
Ivy Ginsberg
The Outreach Committee Wants You!
Gwendolyn Powell Braswell
Guide to Important Local Rules of Florida’s Appellate Courts
Diana L. Martin
Summer 2009
Message from the Chair
Dorothy F. Easley
Outgoing Message from the Past-Appellate Section Chair
Siobhan Helene Shea
The Appellate Practice Retreat’s New Motto: Divide and Conquer!
Hala Sandridge
AJEI Summit Conference
Robert E. Biasotti
Comments from Chief Justice Peggy A. Quince on Advocacy: for the Client, the Courts, and the Profession
Amy L. Miles
An Overview of the Selection of Florida’s Judiciary
Diana L. Martin1 and Donna M. Krusbe
Judicial Profile: Justice Canady: A Wealth of Diverse Experience, A Deep Respect For the Law
Sarah Pellenbarg
Judicial Profile: Reflections from the Florida Supreme Court: An Interview with Justice Ricky Polston
Jeanette Bellon
Florida Supreme Court Historical Society An Important Player in the Independence of the Judiciary
Andrew Manko
Judicial Profile: Justice Labarga: An Appellate Practitioner Now “Simply Doing ‘Justice’”
Anne Sullivan
Judicial Profile: Justice Perry: Making Lives Better For All Floridians
Jessie Harrell
An Afternoon With The Supreme Court
Michael C. Greenberg
Fall/Winter 2009
Download the Fall/Winter 2009 PDF
Judge Nelly Khouzam Elevated to the Second District Court of Appeal
Duane A. Daiker
First District Court of Appeal Takes Creative Step in Addressing Workload with Tight Budget
Marjorie Renee Hill
Message from the Chair
Siobhan Helene Shea
Three Strikes & You’re Out-A Proposal to Modify the Rule Regarding .800 Motions
Michael C. Greeberg
The United States Supreme Court Clarifies When a Deadline to File a Notice of Appeal is “Jurisdictional.”
Paul A. Avron
Florida’s Budget Crisis Does Not Provide Justification for Permitting an Illegal Criminal Sentence to Stand: Counterpoint to Three Strikes & You’re Out – A Proposal to Modify the Rule Regarding .800 Motions.
Roberta G. Mandel
The Office of the Florida Solicitor General: an Appellate Lawyer’s Field of Dreams
C.B. Upton
Family Feud: Appellate Edition
Florida’s Appellate Courts Hit with Budget Cuts
James H. Wyman
Successful Appellate Practice Workshop 2008
Duane A. Daiker
Fall 2010
The Law of Intervening and Concurring Cause: Nason v. Shafranski, Stuart v. Hertz, and Fla. Std. Jury Instr. (Civ.) 401.12 (With Reference to Fla. Std. Jury Instr. (Civ.) 501.5)
Anne C. Sullivan
Message from the Chair
Raoul Cantero
The Section Recognizes the Honorable Martha Warner for her Service to the Appellate Practice Section
Kimberly Jones
Discussion with the Supreme Court: Justices Praise Student Moot Court Finalists and Caution Lawyers
Barbara A. Eagan
A Gathering of Friends and Colleagues
Michael C. Greenberg
A Day in the Life of a Third DCA Law Clerk: The Arms of an Appellate Judge
Kimberly J. Kanoff
Pro Bono Award: Nicholas Shannin Takes More Than One
Kimberly Jones
Highlights From Appellate Practice Decisions, 2009-10
Matthew J. Conigliaro
Are you Certifiable?
Alina Alonso
Judicial Profile: Judge Tony Black Joins the Second DCA
Raymond T. (Tom) Elligett, Jr.
Judicial Profile: Judge Simone Marstiller Joins the First DCA at an Historic Time
By C.J. Weinman
Spring 2010
Motions for Rehearing and Rehearing En Banc: Tips for the Trade
Carlos F. Gonzalez and Gerardo J. Rodriguez-Albizu
Message from the Chair
Dorothy F. Easley
The Third District Court of Appeal’s 27th Annual Seminar
Anne C. Sullivan
Preserving Error: How High Is the Bar
Kristin A. Norse
2010 Palm Beach Bench Bar Conference A Success
Rob Hauser
Judicial Profiles: Two New Judges at the First DCA: T. Kent Wetherell, II, and Lori Sellers Rowe
Wendy S. Loquasto
Remembering Judge Fletcher
Jeffrey S. Bass
The First District’s Appellate Inn of Court
Rebecca Bowen Cowen
Tallahassee Outreach Holds 3 CLE Lunches
Wendy Loquasto
Winter 2010
Federal Court Practice – Appellate Review of Orders Adverse to Attorney-Client Privilege
Landis “Lance” V. Curry III
Message from the Chair
Dorothy F. Easley
Appellate Judges Education Institute Summit An Unqualified Success
Dean A. Morande
Appellate Inn of Court in Miami Named for Judge Barkett
The Honorable Vance E. Salter
The Second District Court of Appeal’s Historic First All-Woman Panel
Anne C. Sullivan
Judicial Profile: Judge Cory J. Ciklin, 4th DCA
Robin Bresky
Judicial Profile: Judge Spencer Levine, 4th DCA
Philip M. Burlington, Esq.
Judicial Profile: Judge Bruce W. Jacobus, 5th DCA
Jeff Gillen
Appellate Practice Section’s Mini-Retreat “Part II” a Success!
Hala Sandridge
