Winter 1999
Chair’s Message
Lucinda A. Hofmann
This message discusses the creation of the section’s website.
Appellate Mediation: Mandatory Programs in the First and Fourth DCAs
Colleen Crandall
This article provides an overview of appellate mediation programs in the state and discusses the incentives to mediate on appeal.
Calculating Briefing Schedules in the United States Court of Appeals for the Eleventh Circuit: New Local Rules effective April 1, 1999
Linda Collins Hertz
This article provide an overview of federal rules relevant to the briefing schedule on appeal.
Lawyers Gain Valuable Insight About Florida’s Appellate Courts at Annual Appellate Advocacy Workshop
Ilene L. Pabian
This article summarizes the events at the 2nd annual appellate advocacy workshop.
State Civil Case Update
Keith Hope
This article summarizes recent developments in state civil caselaw. Topics include review of appellate attorney fee orders, appealability of an order denying a motion to dismiss, the consequences for untimely briefs, standing of nonparties, appellate costs, and when to file an amicus brief.
Preservation of Error Seminar a Great Success
Bonita Kneeland Brown
Committee Reports
Fall 1999
Chair’s Message
Lucinda A. Hofmann
This message discusses the section’s name change and upcoming events.
Announcing Florida’s First Regional Moot Court Competition
Robert Glazier
Just What is a Civil Supersedeas Bond and Do I Need One?
Angela C. Flowers
This article discusses the when, where, how and why of superseding a money judgment during the pendency of an appeal.
Minutes of the Executive Council Meeting
Book Review: “The Oxford Guide to United States Supreme Court Decisions”
Scott D. Makar
This feature is a review of a book cataloging important decisions of the United States Supreme Court.
A Few Words with Judge Altenbernd
Tom Elligett
This article contains an interview with Judge Chris Altenbernd of the Second DCA.
Committee Reports
Inside the Fourth District Court of Appeal
Ilene L. Pabian, Marilyn N. Beuttenmuller, Roy D. Wasson
This article “offers an informational and entertaining history of the Fourth DCA, a fairly comprehensive look at the internal workings of the Court, many practical tips for practice before the Fourth District, from basic pointers to matters of fine-tuning, and glimpses into the backgrounds of the members of the Court.
Summer 1999
The Undeniable Appeal of Attorney Fee Orders
Charles Tyler Cone
This article discusses the appealability of attorney fee orders.
Message from the Chair: Error Contributing to a Verdict Equals a Miscarriage of Justice
Roy D. Wasson
This message discusses the issue of harmless error in the appellate process.
Inside the Eleventh Circuit Court of Appeals
Frederick H. Nelson
“The purpose of this article is to supply the federal appellate practitioner with some practical guidelines on how to proceed with a civil appeal before the Eleventh Circuit Court of Appeals.”
Time For Acts Under the Federal and Eleventh Circuit Rules of Appellate Procedure
Committee Reports
State Criminal Appellate Law Update
Roberta G. Mandel
This article summarizes recent developments in Florida criminal caselaw. Topics include the retroactivity of Florida Rule of Criminal Procedure 3.180(b), public records requests by prisoners, error in the trial court’s inquiry into jury’s numerical division on a verdict, necessity of renewal of motion for judgment of acquittal, defendant stipulation to felon element of felon-in-possession case, and the preservation of a claim of improper impeachment.
Minutes of the Executive Council Meeting
Spring 1999
Federal Civil Case Update
Beverly A. Pohl
This article summarizes recent developments in federal civil caselaw. Topics include jurisidiction to hear untimely appeals, review of post-judgment Rule 11 orders, and various evidentiary issues including Daubert and hearsay.
Message from the Chair: We’ve come a long way, baby!
Roy D. Wasson
This message discusses the evolution of appellate practice as its own specialization.
A Few Words with Judge Parker
Tom Elligett
This feature contains an interview with Judge Parker at the Second District.
Committee Reports
The Ten or So Most Useful Websites for Lawyers
Robert S. Glazier
This article provides and overview of the top ten most helpful websites to appellate lawyers.
Book Review: “Florida Appellate Practice and Advocacy,” “The Supreme Court of Florida and Its Predecessor Courts”
Scott D. Makar
This feature reviews books related to the Florida Supreme Court and appellate practice.
Winter 1998
Certifying Questions to The Florida Supreme Court: What’s So Important?
Raoul G. Cantero, III
“This article discusses some major reasons courts have stated for certifying a question of great public importance.”
Message from the Chair: Acceptable Judical Activism — Boosting Professionalism
This message discusses the usefulness of judicial activism only in the area of discouraging unprofessional conduct by attorneys.
Minutes of the Executive Council Meeting
Fourth District Court of Appeal Commences Appellate Mediation Program
Honorable W. Matthew Stevenson
This article commemorates the commencement of the Fourth District’s appellate mediation program.
Appellate Skills Workshop A Big Success
Inside the Fifth District Court of Appeal: The Fifth DCA
Roy D. Wasson, Judge Jacqueline Griffin, Sharon Stedman
This feature profiles the Fifth District Court of Appeal, covering its creation, judges, and practice preferences.
Federal Criminal Appellate Update
Benedict P. Kuehne and Susan Dmitrovsky
This article summarizes federal criminal caselaw updates. Topics include actual innocence as a basis for postconviction relief, withdrawal of mandate by the appellate court, certiorari review of the denial of certificate of appealability, availability of habeas relief after expiration of sentence, sua sponte raising procedural default in habeas context, the harmless error analysis of the failure to give materiality instruction, immunity for prosecutors, abuse of certiorari process, Daubert, jurisdiction to hear challeges to deportation proceedings, Fifth Amendment privilege at sentencing, materiality as an element of federal fraud statutes, validity of restitution orders, postconviction relief from sentence affected by subsequent claridying amendment to the guidelines, deliberation by an alternate juror, jurisdictional defects in a criminal prosecution, and options available on resentencing.
Timetable For Discretionary Review To Florida Supeme Court From Florida District Court of Appeal
Christopher L. Kurzner and Lucinda A. Hofmann
This table summarizes the procedural rules applicable to seeking discretionary review with the supreme court.
Committee Reports
Fall 1998
Inside the District Court of Appeal, The Fourth DCA
Roy D. Wasson, Marilyn Beuttenmuller, Scott Mager
This feature profiles the Fourth District Court of Appeal, covering its creation, judges, and practice preferences.
Message from the Chair
This message encourages members to get more involved with section leadership.
Book Review: “A Book of Legal Lists: The Best and Worst of American Law”
Scott D. Makar
This feature discusses books on the subject of decision-making in the American Legal System.
State Civil Case Update
Keith Hope
This article summarizes recent updates in state civil caselaw. Topics include “pass-through” jurisdiction, finality of orders on liability in family law appeals, finality of orders in worker’s compensation cases, finality of probate orders that determine rights of a party, preserving objections to the jury, and practice tips regarding ethical obligations to the court.
Committee Reports
Evidence Sufficiency Issues and Fundamental Error in State and Criminal Cases
Richard J. Sanders
This Article addresses the following question: in criminal cases, can evidence sufficiency issues be considered as fundamental error, or is a contemporaneous objection necessary to preserve them?
Summer 1998
Message from the Chair
This message encourages members to attend the annual meeting in Orlando.
Inside the District Court of Appeal, The Third DCA
Roy D. Wasson, Joanne Sargant, Alberto Gayoso
This feature profiles the Third District Court of Appeal, covering its creation, judges, and practice preferences.
First District Court of Appeal Appellate Mediation Program
Donna Riselli Gebhart
This article provides an overview of the appellate mediation program at the First District.
Impressive Legalese
Paul Morris
This article provides a glossary of legalese for the appellate attorney.
Remembering Bertha Claire Lee: Lawyer’s Lawyer
Keith Hope
This article provides a tribute to Attorney Bertha Claire Lee.
Florida Criminal Law Update
Paul Morris
This article discusses the concept of a nonfundamental sentencing error and summarizes types of error in this category.
Timetable for Appeal of Non-Final Orders from Florida Circuit Court to District Court of Appeal
Christopher L. Kurzner, revised by Lucinda A. Hofmann
This table summarizes the procedural rules that impact appeals of non-final orders.
Federal Civil Case Law Update
Beverly A. Pohl
This article summarizes recent updates in Federal case law. Topics include timeliness of appeal, timeliness of amendments to a complaint, jurisdiction to review injunctions, finality of orders containing “without prejudice” language, estoppel in the context of ADA claims and Social Security Disability claims, the enforceability of injuctions from another state, and legislative immunity of local officials.
Committee Reports
Spring 1998
Inside the District Court of Appeal, The Second District
Roy D. Wasson
This feature profiles the Second District Court of Appeal, covering its creation, judges, and practice preferences.
Message from the Chair
This message encourages members to get more involved with section leadership.
The Award of Attorneys Fees on Appeal
Lauri Waldman Ross
The purpose of this article is to provide the appellate practitioner with an overview of the substantive basis for an award of appellate attorney’s fees and the procedural requisites that must be followed before an appellate court will grant an award of fees.
Book Review “Florida Appellate Practice” “Judges on Judging: Views from the Bench” “Federal Criminal Appellate Update”
Scott D. Makar
This feature discusses books on the subject of judicial review.
State Civil Appellate Update
Keith Hope
This article addresses recent caselaw regarding state civil appellate law, including attorney fees, rendition, and timeliness of appeal.
Committee Reports
Featured Website for Appellate Lawyers
Robert S. Glazier
This article discusses the benefit of using the website Gavel to Gavel in order to view recordings of argument in the Florida Supreme Court.
Winter 1997
Inside the District Court of Appeal, The First District
Thomas D Hall
This feature profiles the First District Court of Appeal, covering its creation, judges, and practice preferences.
Message from the Chair
Christopher L. Kurzner
This message discusses the push towards a vendor neutral citation system in light of recent technological advancements that have made alternate sources of opinions available, as opposed to relying solely on West Publishing.
Timetable for Appeal Florida Circuit Court to District Court of Appeal: Civil
Christopher L. Kurzner
This table outlines various rules of procedure applicable to civil appeals.
Committee Reports
Minutes of the Executive Council Meeting
Book Review: “Race Crime, and the Law” “Shades of Freedom: Racial Politics and Presumption of the American Legal Process” “Black Judges on Justice”
Scott D. Makar
This feature discusses books on the subject of race and the law.
Fall 1997
The Supreme Court Series Part IV, The Jurisdiction of the Florida Supreme Court
Gerald Kogan and Craig Waters
Message from the Chair
Christopher L. Kurzner
Appellate Rules Liaison Committee Report
Summer 1997
The Supreme Court Series Part IV, The Jurisdiction of the Florida Supreme Court
Gerald Kogan and Craig Waters
Message from the Chair: Who is Out of Touch?
Raymond T. Elligett, Jr.
The Bluebook Signals a New Era and Other Changes in the 16th Edition of Uniform System of Citation
Susan W. Fox
Interview of Chief Judge Joseph W. Hatchett of the United States Court of Appeals for the Eleventh Circuit
Committee Updates
Changes to Florida Rules of Appellate Procedure
Marguerite H. Davis
Winter 1996
Two Thoughts on Amicus
Raymond T. Elligett, Jr.
This article discusses practice tips related to participating in a case as amicus curiae.
The Jurisdiction of the Florida Supreme Court
Gerald Kogan and Robert Craig Waters
This article discusses the Florida Supreme Court’s mandatory appellate jurisdiction and its jurisdiction to issue advisory opinions.
A Practical Overview of Appellate Mediation at the First District Court of Appeal
Thomas D. Hall
This article provides an overview of the First DCA’s appellate mediation pilot program.
Updates – Inside the District Courts of Appeal
This article contains several judicial profiles of the various District Court judges.
Committee Reports
Fall 1996
Message from the Chair
Raymond T. Elligett, Jr.
This message discusses the benefits of becoming a member of section.
The Supreme Court Series, Part II: The Operation of the Florida Supreme Court
Gerald Kogan and Craig Waters
This article describes the inner workings of the Florida Supreme Court.
Letters to the Editor
Glen P. Gifford
This feature is a response to a story in a previous issue of The Record.
The Case of the Defamed Stripper: Why Appellate Lawyers Should be on the Internet
Robert S. Galzier
This article discusses using the internet as an appellate practice tool.
Committee Updates
Summer 1996
Message from the Chair
Anthony C. Musto
This article thanks various members of the section for their contributions.
Section Plans Bar Convention Activities
Angela C. Flowers
This article discusses the events of the upcoming bar convention.
Chair-Elect’s Message: Credit Where It’s Due
Raymond T. Elligett, Jr.
This article thanks various members of the section for their contributions and seeks to recruit other members.
The Supreme Court Series, Part I
This articles provides biographies for the Justices of the Florida Supreme Court.
In the Supreme Court of Florida, In Re: Amendments to the FL Rules of Appellate Procedure
Anthony C. Musto
This feature is a publication of the section’s comments following its January 1996 meeting regarding proposed amendments to the Florida Rules of Appellate Procedure.
Federal Civil Appellate Update
Robert W. Thielhelm, Jr. and Lea Ann Banks
This article provides an overview of recent developments in federal civil caselaw. Topics include: the appealability of unfavorable qualified immunity rulings; the consequence of unartful pleading; the separability requirement of Rule 54(b); Rule 407 and evidence of subsequent remedial measures in a strict products liability context; appellate jurisdiction to review remand orders; and certiorari.
Federal Criminal Update
Barbara Arlene Fink
This article provides an overview of recent developments in federal civil caselaw. Topics include: excusable neglect in seeking an appeal; aggregation of petty offenses in the context of determining whether a jury trial is mandated; and the commerce clause and the Federal Arson Statute.
State Criminal Law Update
David A. Davis
This article discusses retroactive application of the law.
Book Review: “The Unpublished Opinions of the Rehnquist Court,” “Decision: How the Supreme Court Decides Cases,” and “The Center Holds: The Power Struggle Inside the Rehnquist Court”
Scott D. Makar
This feature reviews books regarding the Supreme Court of the United States.
See Full Article.
Spring 1996
The Accidental Jurist
David W. Henry
This article provides practice tips for the infrequent appellate practitioner.
See Full Article.
From the Chair-elect
Raymond T. Elligett, Jr.
This article briefly discusses the professionalism of appellate judges and practioners.
Social Security Appeals
Barbara Arlene Fink
This article provides a practical overview of social security appeals.
Executive Council Update
Shaping Appellate Opinions: The Appellate Role
David A. Davis
Focusing on the decision in Saffor v. State, 660 So. 2d 668 (Fla. 1995), this article discusses the degree to which an appellate court may alter the issues as framed by counsel in a given case.
Committee Updates
Bylaws of the Appellate Practice and Advocacy Section
Message from the Chair
Anthony C. Musto
This article broadly addresses changes to the appellate practice landscape in Florida.
