In our prior post we noted that although the appellate rule on briefs does not explicitly state that appellees’ answer briefs should be set up with the same issues as were posed in the initial brief, such a conclusion is suggested by the very name “answer” brief. Now let’s look at how failing to follow [..]
Today’s installment goes to a recurring problem in appellate practice, yet one on which there is very little, if any, reported law: the answer brief which doesn’t actually “answer” the points on appeal, stated in the initial brief. While one would think that such a problem would be one avoided by simple common sense, and [..]
By the Law Office of Luis E. Insignares, Attorneys at Law on Thursday, May 8, 2014. In our last blog installment we looked at what the Florida Judicial Management Council’s PCA Report, and what it recommended (and failed to recommend) regarding the problem of deciding appeals without an opinion. Although the Report failed to adopt the majority [..]
By the Law Office of Luis E. Insignares, Attorneys at Law on Thursday, May 1, 2014. Our last blog entry was about how the state’s Judicial Management Council established a committee to investigate the practice of deciding appeals without explanation or any written opinion, and whether the Council “stacked the deck” by splitting the committee right [..]
By the Law Office of Luis E. Insignares, Attorneys at Law on Friday, April 25, 2014. In our last couple installments, we looked at some of the problems that can be caused when a “DCA” (district court of appeal) issues a “PCA” (per curiam affirmance) without an opinion. Now let’s look at a committee which was [..]
By the Law Office of Luis E. Insignares, Attorneys at Law on Monday, April 21, 2014. In our last installment we noted that Florida’s intermediate appellate courts, the District Courts of Appeal (“DCAs”) frequently dispose of the cases before them with “PCAs,” lawyer-speak for “per curiam affirmed.” These “for the court” decisions approve of the trial [..]
By the Law Office of Luis E. Insignares on Monday, April 14, 2014. “Per Curiam Affirmed“ Florida’s intermediate appellate courts, our five district courts of appeal, are known colloquially as DCAs to the brothers and sisters of the bar. These five fiefdoms (originally four) carve up the state geographically, and through one of which most all cases [..]
By the Law Office of Luis E. Insignares, Attorneys at Law on April 8, 2014. Taking a case “all the way to the supreme court” usually means having to wait for an intermediate court to decide your appeal, which can result in a lengthy delay. But not always. Rule 9.125 of the Florida Appellate Rules provides an [..]
