Fall 2004
Chief Justice Barabara Pariente: A Woman of Talent, Diligence and Energy
Jack Shaw
This article profiles Supreme Court Justice Barabara Pariente and includes her time serving on the bench up through her election as the Chief Justice.
Message from the Chair
John G. Crabtree
Review of Non-Final Orders
Jack R. Reiter
Preservation of the Record in Administrative Proceedings
Katherine E. Giddings and Kirby G. Oberdorfer
This article discusses the differences between preserving and preparing a record for appeal in civil versus administrative proceedings. It is important to note that while the procedure for preparing a record on appeal in civil cases is set out in Florida Rule of Appellate Procedure 9.200, record preparation in administrative action is governed by rule 9.190(c). Also unlike appeals of traditional civil actions, appeals of administrative proceedings will involve two distinct records, the record before the administrative law judge, and the record before the agency that made the final determination under review.
Writs of Prohibition: Its Use After Denial of Judicial Disqualification
Allison E. Butler
This article delineates the procedure for obtaining a writ of prohibition after denial of a motion for judicial disqualification. A writ of prohibition is the proceeding a superior court uses to prohibit a lower court from exercising its authority. In the context of this article, the procedure for obtaining a writ of prohibition begins when the attorney becomes apprised of a basis for moving to disqualify a judge. If such a motion is denied, the attorney may file a sufficient petition for writ of prohibition establishing that the judge either exceeded or lacked jurisdiction. Under Florida Rule of Appellate Procedure 9.100(g), the petition must include the basis for invoking the jurisdiction of the superior court, the facts on which the petitioner relies, the nature of the relief sought, and argument in support of the petition, with appropriate citations of authority. If the petition meets these procedural requirements, and also demonstrates a departure from the essential requirements of law for which there is no adequate remedy by appeal, or that review of final adminsitrative action would not provide an adequate remedy, the reviewing court may issue an order directing the respondent to show cause why the requested relief should not be granted. If the writ is granted, the presiding judge may not take any further action in the case.
Extraordinary Writs of Certiorari and Mandamus: Standards in Review
Paul A. Avron and Ilyse M. Homer
This article briefly outlines the standards of review applied to certiorari review and mandamus in the Florida District Courts of Appeal, and mandamus under federal law.
Book Reviews: “Florida Appellate Practice and Advocacy” and “Professional Judgment on Appeal”
Scott D. Makar
Editor’s Column: The Proposed Sixth District Court of Appeal: Real Need or Proverbial “Cutting Butter with a Chain Saw”?
Dorothy F. Easley
Summer 2004
Judge Frank A. Shepherd – Learning from Veterans
Edward M. Mullins
This article recounts the Honorable Frank A. Shepherd’s arrival in Miami in the 1970s as a young lawyer up through his appointment to the Third District Court of Appeal.
Message from the Chair
John G. Crabtree
2004 Adkins Award and Pro Bono Award Winners
Jack Aiello
This Year’s Discussion with the Florida Supreme Court is “Standing Room Only” Event
Jack Shaw
Who’s Your Appellate Lawyer? Spotlight on Fox & Loquasto, P.A.
Susan W. Fox
The Section’s Tenth Anniversary Dessert Reception Swings New Orleans Style
June G. Hoffman
Jacksonville Appellate Lawyers Strengthen Connections Between the Appellate Bench and Bar
John S. Mills
Educating the Vote
Raymon T. (Tom) Elligett, Jr.
This article discusses the prohibition on appellate judges campaigning if they do not face declared opposition and proposes ways for appellate practioners to educate voters.
The Editor’s Column: Dr. Bethany Dumas Speaks on Helping Jurors Understand the Law
Dorothy F. Easley
Spring 2004
The Honorable Chief Judge Gary Farmer: A Study in Contradictions or Original Thinker?
Dorothy F. Easley
This feature profiles former Judge Gary Farmer of the Fourth District Court of Appeal.
Message from the Chair: Second DCA Opens Tampa Law Center
Jack Aiello
In this message, the Chair recounts the grand opening of the Tampa division of the Second District Court of Appeal at Stetson’s Tampa Law Center.
“Judicious Breakfast” Appeals to Dade Bar Appellate Lawyers
Edward Guedes
Rule 1.525: A “Bright-Line” Rule of “Unpleasantness” and “Inequity”
Evan J. Langbein
This article discusses the application of Rule 1.525 by the district courts.
Book Review: Advocacy on Appeal and Florida Civil Procedure (REPEAT)
Scott D. Makar
Preservation in Federal Appeals: Untangling the Web
Paul A. Avron and Brian G. Rich
This article addresses Valdez v. Feltman, in which the Eleventh Circuit held that a litigant’s failure to raise in the trial court the argument that a default judgment is void for insufficiency of service of process waives that issue for appellate review.
Appellate Practice Section Awards
Winter 2004
A New Appellate Standard of Review in Workers’ Compensation, or Just Business as Usual?
Terry P. Roberts
This article discusses the First District’s en banc opinion in Chavarria v. Selugal Clothing, Inc., which sought to clarify the appellate standard of review in workers’ compensation cases.
Message from the Chair: November 2003–Issues and Opportunities: A Holiday Sampler
Jack J. Aiello
In this message, the Chair gives an update on the issues faced (such as funding uncertainty in the Florida justice system) and opportunities enjoyed (such as the Mentor Program) by the APS.
Section Sponsors Appellate Practice Seminars
Steve Brannock
A Few Comments on Practice in the Eleventh Circuit
David Rhodes
This article offers tips on practicing in the Eleventh Circuit from an attorney who has experience successfully doing so.
State Appellate Court Dockets are Now Online
Valeria Hendricks
Confessions of an Abuser of Motions for Extensions of Time and Other Stories
Betsy E. Gallagher
This article discusses the ins and outs of moving for an extension of time.
Observations of a New Appellate Judge
Douglas A. Wallace
Judge Douglas Wallace of the Second District Court of Appeal offers his observations of the court from the perspective of a new appellate judge who joined the court following an over-thirty-year career in private practice.
Justice Kenneth Bell and Family Settle in Tallahassee
Siobhan Helene Shea
This feature profiles former Justice Kenneth Bell of the Florida Supreme Court.
Fall 2003
Message from the Chair
Jack J. Aiello
In this message, the Chair gives an update on the APS’s goals and events.
Section Retreat a Huge Success
Angela Flowers
CLE Committee Update
Steve Brannock
Section Honors Dan Pearson and Siobhan Shea
Valeria Hendricks
Book Review: Advocacy on Appeal and Florida Civil Procedure
Scott D. Makar
In this feature, Scott D. Makar reviews Advocacy on Appeal and Florida Civil Procedure.
The Appellate Practice Section Moves to Alleviate Explosive Appellate Nightmare; Publishing The Pro Se Appellate Handbook
Dorothy F. Easley
This feature addresses the prevalence and challenge of pro se litigation, and introduces the Pro Se Appellate Handbook created by the APS in an effort to aid the courts and citizens of Florida.
Third DCA Chief Judge Alan Schwartz–“A Most Happy Fella”
Betsy Gallagher
This feature profiles Judge Alan Schwartz of the Third District Court of Appeal.
Section Seeks Comment for Court on Electronic Filing
Siobhan Helene Shea
Proposed Revisions to Appellate Practice Section Bylaws
Federal Standards of Review for Appeals in the Eleventh Circuit
Paul A. Avron
This feature discusses the difference between and importance of the different standards of review applied by the 11th Circuit Court of Appeals.
Judicial Review of Florida’s Tort Reform Act
Anthony J. Russo
This feature delves into the changes implemented by the Tort Reform Act of 1999 and analyzes the way courts have interpreted the Act.
In Memoriam: Louie Campbell, A Life Dedicated to Gideon
Valerie Jones and Beth Weitzner
This feature remembers Louie Campbell, an appellate lawyer for the Public Defender of the Eleventh Judicial Circuit.
Spring 2003
The Appellate Practice Section Moves to Alleviate Explosive Appellate Nightmare; Publishing The Pro Se Appellate Handbook
Dorothy F. Easley
This feature addresses the prevalence and challenge of pro se litigation, and introduces the Pro Se Appellate Handbook created by the APS in an effort to aid the courts and citizens of Florida.
Message from the Chair
Angela C. Flowers
In this message, the Chair gives an update on the APS’s goals and events.
Third DCA Chief Judge Alan Schwartz–“A Most Happy Fella”
Betsy Gallagher
This feature profiles Judge Alan Schwartz of the Third District Court of Appeal.
Section Seeks Comment for Court on Electronic Filing
Siobhan Helene Shea
Proposed Revisions to Appellate Practice Section Bylaws
Federal Standards of Review for Appeals in the Eleventh Circuit
Paul A. Avron
This feature discusses the difference between and importance of the different standards of review applied by the 11th Circuit Court of Appeals.
Judicial Review of Florida’s Tort Reform Act
Anthony J. Russo
This feature delves into the changes implemented by the Tort Reform Act of 1999 and analyzes the way courts have interpreted the Act.
In Memoriam: Louie Campbell, A Life Dedicated to Gideon
Valerie Jones and Beth Weitzner
This feature remembers Louie Campbell, an appellate lawyer for the Public Defender of the Eleventh Judicial Circuit.
Winter 2003
When a State Court Cannot Bar Federal Review
Gary Caldwell
This article discusses three situations in which a state procedural default may not bar federal review.
Message from the Chair
Angela C. Flowers
In this message, the Chair discusses APS’s renewed focus on professionalism.
In Remembrance of Judge Jerry R. Parker
Tracy Leduc
One of Judge Parker’s staff attorneys writes about his career and legacy.
This is Dedicated to the Palm I Love
Valeria Hendricks
Fall 2002
Section Vice Chair, Raoul G. Cantero, III, appointed to Supreme Court of Florida
Siobhan Helene Shea
This article profiles Justice Raoul G. Cantero III when he was newly appointed to the Florida Supreme Court.
Message from the Chair
Angela C. Flowers
In this message, the Chair discusses the APS’s goals and upcoming events.
Changing Perspectives: From Circuit to Appellate, An Interview with Fourth DCA Judge Melanie May
Morgan Roger Rood
In this feature, Morgan Roger Rood interviews Judge Melanie May about her experience as a circuit court and now a district court judge.
Book Review: Florida Appellate Practice and Advocacy
Valeria Hendricks
This feature reviews Florida Appellate Practice and Advocacy by Tom Elligett and Senior Judge John Scheb. This guide is an essential reference for Florida appellate lawyers.
Standing in Bankruptcy Appeals Redefined
Paul A. Avron and Ilyse M. Homer
This feature discusses In re Westwood Community Two Ass’n, Inc., v. Barbee, in which the Eleventh Circuit adopted the “person aggrieved” standard for determining who has standing to appeal a bankruptcy court order.
Judges Kelly and Covington Join Second DCA
Susan W. Fox
This feature profiles Judge Virginia Covington and Judge Patricia Kelly, who had both recently been appointed to the Second District Court of Appeal.
Awards A-plenty as Section Gathers in Boca Raton for Bar’s Annual Meeting in June (photos)
Appellate Law Section is BUSY at the Bar’s Annual Meeting (photos)
Budget
Summer 2002
Brief Writing: True Confessions of a Legal Grease Monkey
Judge Chris W. Altenbernd
In this article, Judge Altenbernd outlines a step-by-step approach to writing effective and concise briefs. (2002, Featured Articles, Practice and Procedure)
In Memoriam: Paul Mendelson, Head of the Legal Department, Dade State Attorney’s Office
Roberta Mandel
This article remembers Paul Mendelson, who served as Head of the Legal Department of the Dade State Attorney’s Office. (2002, Attorney Profiles)
The Demise of Appellate Mediation: Fact or Fiction?
In this message, the Chair addresses the sudden transformation of appellate mediation programs in Florida. (2002, Chair’s Message)
Mechanics of a Petition for Writ of Certiorari to the United States Supreme Court: A Brief Overview
Ron Renzy
This article offers guidance on the process of writing a petition for writ of certiorari to the United States Supreme Court. (2002, Practice Preferences and Procedures, Featured Articles)
The Appellate Certification Examination: Arbitrary? Capricious? Impossible?
Nancy C. Wear
This article voices concerns about the appellate certification process. (2002, Featured Articles)
Second Annual National Bench/Bar Conference in Reno, Nevada
Siobhan Helene Shea
(2002)
Top Ten Lapses of Professionalism in Appellate Practice
Judge William D. Palmer
In this article, Judge Palmer talks about some of the most common unprofessional behaviors from appellate practitioners that he has observed during his time on the bench. (2002, Featured Articles, Practice Preferences and Procedures)
Spring 2002
What’s Happening with Apprendi: Florida’s Response
George E. Tragos & Peter A. Sartes
This article addresses the Florida Court’s response to the United States Supreme Court’s decision in Apprendi v. New Jersey holding that “any fact that increases the penalty of a crime beyond the prescribed statutory maximum must be charged in the indictment, submitted to a jury, and proven beyond a reasonable doubt.”
In Memoriam: Robert T. Mann, Former Chief Judge, Second District Court of Appeal
Susan W. Fox
The APS remembers Judge Robert T. Mann, former Chief Judge of the Second District Court of Appeal.
The Demise of Appellate Mediation: Fact or Fiction? (REPEAT)
A Short Primer on Class Action Appeals in Florida’s State and Federal Courts
John G. Crabtree
This article discusses some of the procedural quirks of class action litigation.
Supreme Court Discussion Open to Annual Meeting Attendees
High Class Editing
Raymond T. (Tom) Elligett, Jr. & Amy Farrior
This feature provides a step-by-step guide to editing appellate briefs. The authors delineate several levels of editing that should be completed before a brief is considered finished.
The Collateral Order Doctrine
Paul A. Avron and Ilyse M. Homer
This feature discusses the collateral order doctrine, which provides for review of orders that do not resolve a suit on its merits but conclusively address important questions that are totally separate from the merits.
Section Members Invited to Publish Articles in Bar Journal
Jack Aiello
Administrative Appeal Update
Randall Reder
Winter 2001-2002
Chair’s Message: Pro Bono and the Appellate Practitioner
Hala Sandridge
In this message, the chair discusses the difficulty of providing pro bono services outside your specialty and suggests solutions for providing these services more efficiently and effectively.
National Appellate Bench/Bar Conference Convened in New York
Siobhan Helene Shea
The Curious Case of Browning v. New Hope South
Valeria Hendricks
This article discusses Browning v. New Hope South, in which a two-judge majority panel of the First District dismissed an appeal because the party sought the incorrect remedy.
Civility and Professionalism in Appellate Practice
Patricia Kelly
This article provides pointers on what is considered civil and professional in appellate practice.
Fall 2001
Chair’s Message: Participating in the Appellate Practice Section: What it Gets You
Hala Sandridge
In this message, the chair talks about the benefits of participating in the APS.
Brief Thoughts: Let’s All Do the “Tighten Up”
Amy S. Farrior
This article argues that brevity–or “tightening up”– is one of the best ways to improve any brief.
Judge Rosemary Barkett: 2001 Recipient of James C. Adkins Award
Paul A. Avron & Ilyse M. Homer
This article recounts Judge Rosemary Barkett’s extraordinary career. Judge Barkett was the first woman to serve on the Florida Supreme Court. She was later appointed to the 11th Circuit Court of Appeals by President Bill Clinton.
Practicing in the Eleventh Circuit Court of Appeals: Avoiding Common Pitfalls
Paul A. Avron & Ilyse M. Homer
This feature lists some of the unique procedural quirks and requirements that attorneys should be aware of when practicing in the 11th Circuit Court of Appeals.
Some Horror Stories…
Susan W. Fox
This sidebar recounts some real-life anecdotes about what can happen if the 11th Circuit Court of Appeals’ rules are not carefully followed.
Section Gathers at Annual Meeting, June 2001 (photos)
Section Schedules CLE Activities
Steven L. Brannock
A Few Words with Judge Silberman
Tom Elligett
In this feature, Attorney Tom Elligett interviews Judge Silberman of the Second District Court of Appeal.
Four New Judges and Other Changes at the Fifth DCA
Kelton Farris, Matthew Conigliaro, and Kimberly Ashby
This feature profiles Judge Richard B. Orfinger, Judge William D. Palmer, Judge Robert J. Pleus, Jr., and Judge Thomas D. Sawaya, all of the Fifth District Court of Appeal.
State Civil Case Law Update
Kelton Farris
Summer 2001
This is the Best of Times!
Benedict P. Kuehne
In this message, the chair discusses the APS’s leadership on issues of importance to appellate advocates.
From the Editor’s Desk
Susan W. Fox
In this article, Editor Susan W. Fox dispels myths about involvement in the APS.
How to Brief a Case within the Page Limits
Robert S. Glazier
This article offers tips on how to keep your brief within the courts’ strict page limits.
Bar Article Wins Burton Award for Two Section Members
We’re Not Dopes
Paul Morris
This article emphasizes the importance of brevity and clarity in legal practice, whether you’re seeking to convince a jury or a judge.
One Year later: Retreat Follow-through
Hala Sandridge
In this article, the Chair-Elect discusses the progress being made on the APS’s goals, as set forth in the mission statement.
“Fixing” the Unbroken Judicial Nominating Commissions–View from a Survivor of the 2001 Legislative Session
Valeria Hendricks
This article discusses the laws that govern appointments to and operation of the Judicial Nominating Commissions (JNCs).
Brief Thoughts
Bonnie Kneeland Brown
Eleventh Circuit Update
Rebecca Harrison Steele
Meet the “New” Appellate Judges of the First and Second District Courts of Appeal
Paul Avron
This article profiles Judge Joseph Lewis, Jr.; Judge Ricky Polston; Judge Charles A. Davis, Jr.; and Judge Morris Silberman.
Book Review: “Blackie, The Talking Cat” by West Publishing
Scott D. Makar
This is a review of Blackie the Talking Cat (and other favorite judicial opinions), by West Publishing, which was inspired by the famous case of Miles v. City Council of Augusta, Georgia, 701 F. 2d 1542 (11th Cir. 1983). In Miles, Mr. and Ms. Miles had a cat named Blackie who became famous for being able to talk. When they took the act to the streets of Augusta and accepted contributions from passersby, they were required to get a business license. They challenged the City of Augusta’s business license ordinance, arguing that it was void for vagueness or overbroad or violated free speech or association rights.
Customer Reviews of “Florida” (a humorous look at customer reviews posted on Amazon.com)
Spring 2001
The Per Curiam Affirmance: A Therapeutic Jurisprudence Critique
Amy D. Ronner & Bruce J. Winick
This article applies the concept of therapeutic jurisprudence to the PCA.
Disorder in the Court?
Benedict P. Kuehne
In this message, the Chair addresses misguided reforms that would put the independence of lawyers and judges at risk.
The Appellate Practice Section Gathers at the Midyear Meeting of the Florida Bar
Lucinda A. Hofmann
Office of the Solicitor General of Florida: An Overview
Paul Avron
This feature profiles Florida’s first Solicitor General, Tom Warner, and discusses his position.
“The Record, Counsel, Just the Record”–A Matter of Professionalism
Evan J. Langbein
This article addresses the problematic practice of presenting in the appellate court facts that were not established below.
Book Review: A Dictionary of Modern English Usage
Scott D. Makar
Fall-Winter 2000
Court Adopts Appellate Rules Changes
Susan W. Fox
Chair’s Message: The First Thing We Do Is Call The Lawyers
Benedict P. Kuehne
In this message, the chair opines that the presidential election litigation in Florida increased the public’s trust in the legal profession and the judicial system.
Brief Thoughts: “Face Your Fears”
Bonnie Kneeland Brown
This column comments on facing the fear of addressing the weakest point in your case.
Appellate Attorneys Shape History in Election Cases
Siobhan Helene Shea
This article discusses APS members’ involvement in the Florida presidental election litigation.
Strengthening the Standard–The 17th Edition of the Bluebook (Part II in a Two-Part Series)
Erica Chein
A Practical Preliminary Analysis for Appeals at the District Court Level
Patrica Kelly
This article outlines a preliminary case analysis for appellate practitioners that can be helpful because it mirrors the preliminary analysis that the district court judges will perform before deciding the case.
State Civil Case Law Update
Kelton Farris
Appellate Rules–Four-Year-Cycle Amendments
Eleventh Circuit Sets Most Restrictive Standards Yet for Appeal Under Rule 23(f): Inerlocutory Appeal of Class Action Certification
Dinita L. James
This article discusses the application of Federal Rule of Civil Procedure 23(f), which allows interlocutory appeals in class action suits.
Highlights of Executive Council Meeting
Rule 9.141(c): Belated Criminal Appeals and Ineffective Assistance of Appellate Counsel
Richard J. Saunders
This article discusses the provisions of the Florida Rules of Appellate Procedure that govern belated criminal appeals and ineffective assistance of appellate counsel in criminal cases.
Fall 2000
Dispute Brewing over Single Judge Circuit Court Appeals
Robert S. Glazier
This article addresses whether circuit courts should be required to sit in three-judge panels when sitting in their appellate capacity.
Introducing Your New Editorial Team
Citation Form: The Rules are Changing Again (Part One of a Two-Part Series)
Susan W. Fox
Professionalizing Legal Citation: The ALWD Citation Manual
Darby Dickerson
Committee Reports
Point & Click: Index to Articles Now on the Web!
Valeria Hendricks
Bruce Rogow Wins Adkins Award
Section Presents Hot Topics in Appellate Practice 2000 Seminar
Siobhan Helene Shea
Improving Your Writing Immediately
Thomas J. Ellwanger
This article gives writing tips for summer law clerks and new associates at large law firms.
Section Meets in Boca Raton (photos)
Per Curiam Committee Releases Report
Susan W. Fox
Brief Thoughts: “Respect!”
Bonnie Kneeland Brown (with input from Ty Cone)
This article outlines “Three Steps to Respect” as an appellate specialist.
Summer 2000
Chair’s Message
Lucinda A. Hofmann
This message recaps an APS retreat, outlining the Section’s mission statement and goals.
The Top Ten Common Errors in Bluebook Citation
Brendan M. Lee
This article discusses some common citation mistakes and how to avoid them.
Brief Thoughts: “The English Teacher”
Bonnie Kneeland Brown
This column discusses the importance of adhering to formal grammar rules when writing briefs.
Book Review: Leaving the Bench: Supreme Court Justices at the End
Scott D. Makar
This feature provides an overview of David N. Atkinson’s Leaving the Bench, which investigates the reasons that justices leave the United States Supreme Court.
Section Announces Hot Topics in Appellate Practice 2000 Seminar
Siobhan Helene Shea
Section Plans Discussion with the Supreme Court at Bar’s Annual Meeting
Caryn Bellus-Lewis
2000/2001 Budget Summary
Minutes of the Executive Council Meeting
Committee Reports
A Few Words with Judge Threadgill
Tom Elligett
In this feature, Attorney Tom Elligett interviews Judge Threadgill of the Second District Court of Appeal.
Scenes from the Section Retreat (photos)
Spring 2000
Proposed Changes to Appellate Rules
Susan W. Fox
(2000, Practice Preferences and Procedures)
Message from the Chair
Lucinda A Hofmann
This message introduces the Spring 2000 issue of “The Record” with a brief roadmap of its contents. (2000, Chair’s Message)
Appellate Practice Section Sponsors Southeast Regional Moot Court Competition
By-Law Amendment Approved
Section Has Big Plans for Annual Meeting
You? A Board Certified Appellate Specialist?
Debra J. Sutton
This article explains the benefits of becoming a Board Certified Appellate Specialist.
Appellate Practice Workshop for Experienced Practitioners, Too
Committee Reports
Federal Civil Case Law Update
Paul A. Avron
Minutes of the Appellate Practice Section Retreat Committee Meeting
A Few Words with Judge Northcutt
Tom Elligett
In this feature, Attorney Tom Elligett interviews Judge Northcutt of the Second District Court of Appeal of Florida.
Brief Thoughts: “When Bad Poems Happen to Good Poets”
This column discusses the importance of asking for feedback on your writing.
Appellate Court Rules Committee Four-Year-Cycle Amendments
