On Appeal

Close-up shot of a solar panel

Coral Gables, Others Oppose Lifting Solar Restrictions

By Noreen Marcus |

Tallahassee lawyer Floyd Self, who grew up in Coral Gables, fears a large solar facility unregulated in the middle of residential housing.

Theodore Leopold, with Cohen Milstein Sellers & Toll PLLC..

Red-Light Camera Mega-Case Inches Forward

By Noreen Marcus |

Plaintiffs attorneys argue cities such as Hollywood have improperly ceded to a private contractor a city's power to decide whether any given caught-on-camera driver ran a red light.

Criminal defense lawyer Richard Houlihan

Confusion Reigns in Stand Your Ground Decisions

By Noreen Marcus |

Criminal defense attorney Richard Houlihan said it is likely the Florida Supreme Court will take an interest in whether confusion over Stand Your Ground jury instructions creates reversible error.

Amicus Brief Links Citizens, Workers' Comp Cases

By Noreen Marcus |

Workers' compensation attorneys are linking a bad faith case decided in favor of Citizens Property Insurance and state law on attorney fees in workers' comp case.

U.S. Court of Appeals for the Eleventh Circuit

Lincoln-era Law Kills Ex-banker's Whistleblower Claim

By Noreen Marcus |

The U.S. Court of Appeals for the Eleventh Circuit reached back to an Abraham Lincoln-era edict when it denied a former bank loan officer the right to sue his ex-employer under Florida law.

4th DCA

Woman Wins New Trial in Ex's Civil Theft Case

By Noreen Marcus |

4th DCA Judge Alan Forst wrote that introducing an embezzlement charge from a previous case "may not have been the featured event in the trial, but it played a prominent role and thus its prejudicial impact cannot be deemed to be 'harmless.' "

Appellate Ruling Good News for Bankruptcy Lawyers

By Noreen Marcus |

The U.S. Court of Appeals for the Eleventh Circuit ruled a bankruptcy judge can award fees spent to sustain the judge's dismissal order at the appellate level and the judge has the discretion to award fees and costs incurred to prosecute bad faith claims for damages.

11th Circuit Court of Appeals

Overlooked Law Costs Inmates Suing for Kosher Diet

By Noreen Marcus |

A federal appeals judge finds no wriggle room to consider an inmate's request after a temporary injunction expired.

Foreclosure

Servicers Must Improve Procedures in Light of 'Holt'

By Eddy Leal |

The Fourth District Court of Appeal in Holt v. Calchas' is a wake-up call for servicers to improve their policies and procedures, and pay attention to their corporate witnesses.

Here's Why the 3rd DCA Piled on More Sanctions Against Attorney

By Noreen Marcus |

The Third District Court of Appeal orders attorney Kelsay Patterson to pay new sanctions "for advancing a frivolous appeal" in a case against Homestead city government.

Frank A. Shepherd

Chief Judge Scolds Lawyers in $1.25M Default Debacle

By Noreen Marcus |

3rd DCA Judge Frank Shepherd implied precedent compelled him to favor a negligent lawyer over an attorney who made questionable moves “for reasons known only to him.”

Legal Aid Supporters Point to Guardianship Case

By Noreen Marcus |

As the population ages and funding declines for publicly supported legal services, more and more people are finding themselves in Ursula Silveira's shoes, a non-lawyer trying to provide legal representation to her ill sister.

Who Gets to Keep Court Registry Fee? Miccosukee Tribe Does in This Case

By Noreen Marcus |

A state appeals court rules the tribe should get back its $72,000 fee spent successfully appealing a $4 million judgment.

4th DCA

4th DCA Tackles Stand Your Ground, Once Again

By Noreen Marcus |

Attorney Bruce Zimet, a stand your ground expert, said courts struggle with stand your ground because of the drafting of the law. "What in the world is 'unlawful activity'? It's not defined," Zimet said.

Judicial Fundraising Case Recalls Florida's Corrupt Past

By Noreen Marcus |

Former reporter Martin Dyckman, whose book is a key part of the judicial fundraising case, said, "Anything we can do to put some kind of fire wall between the judge and the hustling of money is not only right but necessary."