On Appeal

Richard J. Ovelmen.Carlton Fields Jorden Burt.Shareholder.

Miami Took Man's Boat/Home, Now Fights Him in Court

By Noreen Marcus |

James Hoefling is suing the city of Miami after his sailboat that he lived on was junked by Miami in an "ugly boat" cleanup program.

10/16/12-- Miami-- Raoul G. Cantero, with White & Case.

Death Row Case May Reveal Life After Hurst

By Noreen Marcus |

Under the backdrop of the U.S. Supreme Court voiding Florida's capital sentencing scheme, the Florida Supreme Court hears a critical case concerning death penalty sentencing.

Judge Urges Fairness in Foreclosure Actions

By Noreen Marcus |

Second DCA Judge Chris Altenbernd encouraged trial judges to monitor the impacts on foreclosed homeowners and renters caused by buyers of foreclosed properties participating in a bank foreclosure action.

Cory Ciklin

Tobacco Issue Pits State Vs. Federal Court

By Noreen Marcus |

With a federal appellate court victory under their belt, Big Tobacco attorneys marched into a Florida state court and tried to leverage their winning argument. But their argument was a nonstarter with the Fourth District Court of Appeal.

Kenneth Welt, senior trustee, United States Bankruptcy Court

11th Circuit Says South Florida Bankruptcy Trustee Overreached

By Noreen Marcus |

A federal appeals court rules bankruptcy trustee Kenneth Welt went too far when he moved a state assignment for the benefit of creditors to bankruptcy court.

Robin Rosenbaum

Court Rules Cell Phone Abandoned in Child Porn Case

By Noreen Marcus |

U.S. Circuit Judge Robin Rosenbaum ruled the defendants abandoned their cell phone and therefore had no standing to challenge the phone's seizure.

Pro-Gun Forces Expected to Persevere After Court Defeat

By Noreen Marcus |

The gun-rights group Florida Carry is busy suing to get weapons on public university campuses, an appellate courts are reviewing cases.

Jeffrey Tew with Rennert Vogel Mandler & Rodriguez, PA,

Tampa Trio Has 'Laundry List of Abhorrent Conduct'

By Noreen Marcus |

A judge found that three Tampa lawyers conspired with a paralegal to arrange the arrest of their adversary in a high-profile defamation trial.

Judge Richard J. Suarez, Third District Court of Appeal.

Did 3rd DCA Have Last Word on Waterfront Plan?

By Noreen Marcus |

Judge Richard Suarez said the former owner of Monty's Raw Bar lacks standing to sue Miami over a redevelopment plan, and even if he did have standing, he waived it by participating in the selection process.

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."