Florida Appellate Practice and Advocacy Eight Edition

Florida Appellate Practice and Advocacy Eighth Edition – Updates  (May 26, 2020)

  • 2.3 Simply because a case may present “federal issues,” that does not provide a basis for Florida Supreme Court review. Mallet v. State, 280 So. 3d 1091 (Fla. 2019).
  • 2.4 & §2.5 Effective January 1, 2021, Section 26.012, Florida Statutes is amended so that most county court appeals go to the district court of appeal, rather than the circuit court.
  • 3.6 State v. Johnson, 45 Fla. L. Weekly S161 (Fla. May 21, 2020), reiterates that the party opposing the strike must make a specific objection to the proffered race-neutral reason to preserve the claim the trial court erred in concluding the proffered reason was genuine.
  • 4.6 Burns v. Burns, 278 So. 3d 56 (Fla. 4th DCA 2019), holds the clerk must accept a notice of appeal even though the filing fee was not paid through the portal when the notice was filed.
  • 4.12 The full cite is Meus v. Eagle Family Discount Stores, Inc., 499 So. 2d 840 (Fla. 3d DCA 1986).

Effective January 1, 2020, the Florida Supreme Court adopted Rule 1.535 to govern the procedure for seeking a remittitur or additur.

  • 4.13 Cite update: Fla. Organic Aquaculture, LLC v. Advent Environmental Systems, LLC, 268 So. 3d 910 (Fla. 5th DCA 2019).
  • 4.27; 4.32; 8.13 Effective January 23, 2020, the Florida Supreme Court amended Rule 9.130 to eliminate the requirement that the denial of sovereign immunity (or immunity for a civil rights claim) be as a matter of law, thereby broadening the nonfinal review of such orders.
  • 8.12 Hepco Data, LLC v. Hepco Medical, LLC, 45 Fla. L. Weekly D843 (Fla. 2d DCA April 15, 2020), granted certiorari and quashed an order denying taking depositions of 18 witnesses where the trial court had not addressed the materiality of any of the deponents or found good cause to preclude deposing them. Fagan v. Merrill, 45 Fla. L. Weekly D904 (Fla. 2d DCA April 17, 2020), granted certiorari and quashed an order requiring disclosure of the former husband’s financial information for the purpose of determining the former wife’s entitlement to attorney’s fees where the wife had yet to pursue her pending 1.540(b) motion that, if she prevailed, might have provided the basis to seek fees.
  • 12.5 An insured is also entitled to an order awarding fees when the insured prevails on some issues in the appeal against the insurer.  E.g., Shazam Auto Glass, LLC v. State Farm Mut. Automobile Ins. Co., 45 Fla. L. Weekly D131 (Fla. 2d DCA January 15, 2020), citing to Danis Indus. Corp. v. Ground Improv. Techniques, Inc., 645 So. 2d 420 (Fla. 1994), which holds the prevailing on significant issues test does not apply to §627.428 fees, and the court can consider on which issues the insured prevailed in setting the fee.
  • 13.9 Cite update: Bank of Am., N.A. v. Atkin, 271 So. 3d 245 (Fla. 3d DCA 2019)
  • 14.22 Effective March 31, 2020, new Rule 9.120(f) authorizes a notice of cross-review. Rules 9.120(d) and 9.210 address briefing in the event of a notice of cross-review.

Updates (January 23, 2020)

  • 2.3 Simply because a case may present “federal issues,” that does not provide a basis for Florida Supreme Court review. Mallet v. State, 280 So. 3d 1091 (Fla. 2019).
  • 4.6 Burns v. Burns, 278 So. 3d 56 (Fla. 4th DCA 2019), holds the clerk must accept a notice of appeal even though the filing fee was not paid through the portal when the notice was filed.
  • 4.12 The full cite is Meus v. Eagle Family Discount Stores, Inc., 499 So. 2d 840 (Fla. 3d DCA 1986).
  • 4.13 Cite update: Fla. Organic Aquaculture, LLC v. Advent Environmental Systems, LLC, 268 So. 3d 910 (Fla. 5th DCA 2019).
  • 4.27; 4.32; 8.13 Effective January 23, 2020, the Florida Supreme Court amended Rule 9.130 to eliminate the requirement that the denial of sovereign immunity (or immunity for a civil rights claim) be as a matter of law, thereby broadening the nonfinal review of such orders.
  • 13.9 Cite update: Bank of Am., N.A. v. Atkin, 271 So. 3d 245 (Fla. 3d DCA 2019)
  • 14.22 Effective March 31, 2020, new Rule 9.120(f) authorizes a notice of cross-review. Rules 9.120(d) and 9.210 address briefing in the event of a notice of cross-review.

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