The Florida Supreme Court is a court of limited jurisdiction, with authority to hear only those matters specifically enumerated in the Florida Constitution. One such basis permits the court to exercise its jurisdiction where...more
It is crucial for an appellant drafting an initial brief to adequately identify and describe all claims and issues the appellant intends to raise for appellate review. Apart from the obvious advantage of providing as much...more
Florida’s Second District Court of Appeal recently issued an interesting and important decision on personal jurisdiction in today’s commercial world. Kapila v. RJPT, Ltd., Case No. 2D22-837 (Fla. 2d DCA Feb. 17, 2023)....more
The Eleventh Circuit recently reaffirmed its stance on shotgun pleadings, reiterating in Barmapov v. Amuial that district courts are within their discretion to dismiss with prejudice a shotgun pleading filed by a litigant...more
You file a motion in limine seeking to preclude certain arguments during closing. The court grants your motion. In closing argument, opposing counsel violates the ruling. Must you contemporaneously object to the argument that...more
A state high court recently issued a stark reminder to litigants of their duty to clearly bring to the court’s attention the arguments and evidence upon which they rely in order to both survive summary judgment and preserve...more
The key to successful oral advocacy is effective preparation. In this podcast, Carlton Fields attorneys Gary Sasso, Peter Webster, and Christine Davis discuss the importance of mock oral arguments in preparing for oral...more
The Seventh Amendment guarantees a right to a jury trial in cases arising under the common law. But even that fundamental right can be waived if not properly asserted in the lower court....more
9/3/2019
/ Eighth Amendment ,
Gender Expression ,
Gender Identity ,
Jury Trial ,
LGBTQ ,
Litigation Strategies ,
Preliminary Injunctions ,
Preservation of Rights ,
Prisoners ,
Seventh Amendment ,
Surgery ,
Transgender ,
Waiver of Rights
In challenging the admission of an expert opinion, you should not assume that, because you objected on one basis, you have properly preserved for appeal objections on other grounds....more
During a judicial career that spanned more than 25 years, Carlton Fields Shareholder Peter Webster presided over numerous jury trials as a circuit judge and authored hundreds of appellate opinions following his appointment to...more
In a 4-2 decision, the Florida Supreme Court today declined to adopt an amendment to section 90.702 of the Florida Evidence Code to the extent that the amendment is procedural. The applicable amendment adopted the Daubert...more