The Next Level — Advice From An Appellate Specialist
Notable appellate decisions and practical advice for trial counsel on preserving error, drafting jury instructions and verdict forms, and handling the jury charge conference.
Springer v. Springer is a cautionary tale: a non-biological mother in a same-sex relationship lacked standing to seek parentage and time-sharing after the relationship ended.
The Florida Supreme Court holds a biological father may rebut the marital presumption of legitimacy and pursue paternity, even over the mother's objection, in Simmonds v. Perkins.
The Florida Supreme Court confirms post-judgment discovery to collect a federal money judgment is permitted for twenty years from the date the judgment was entered.
The Fourth DCA holds a surviving spouse who married the decedent after the injury that later caused death cannot recover loss of consortium damages under the Wrongful Death Act.
Even after a default on liability, ICMFG & Assocs. v. The Bare Bd. Group confirms a plaintiff must still prove the tortious conduct caused the specific damages claimed.
Eight amicus briefs persuaded the Fourth DCA to reverse itself on rehearing in Ober v. Town of Lauderdale-By-the-Sea, a case about Florida's lis pendens statute.
State Farm v. Figler Family Chiropractic confirms Rule 1.510(c) requires specifically identifying summary judgment evidence — not just pointing to the record generally.
How to structure a verdict form, apply the two-issue rule, and decide whether to raise an inconsistency in the jury's verdict before it's discharged.
Practical guidance on preserving objections at the charge conference — getting it on the record, being specific, and renewing objections before the jury is discharged.
Why jury instructions should be drafted early, not at the last minute, and how to avoid inviting error by relying on outdated standard instructions.
Basic guidelines for drafting jury instructions and a verdict form, preparing for the charge conference, and preserving error for appeal.
To preserve the right to amend for appellate review, some jurisdictions require specifying how the pleading would be amended — a lesson from Glickert v. Loop Trolley.
A Pennsylvania case shows why relying on a co-defendant's objection, instead of making or joining your own, can waive the issue for appeal.
An introduction to the blog: tips on preserving error at trial, drafting jury instructions and verdict forms, and handling the charge conference.
