Attorney's fees -- Contracts -- Retainer agreement -- Trial court erred in awarding plaintiff law firm attorney's fees for first six months of representation where retainer agreement unambiguousl...
http://appellategourmetappealsinflorida.blogspot.com/2023/01/buyout-clauses-prevailing-parties.html
We are so pleased and honored for Dorothy Easley to be published again as an author in two more chapters in the FLORIDA APPELLATE PRACTICE book, 12th edition, 2023, published by The Florida Bar...
Arbitration -- Torts -- Residential communities -- Arbitration clause in home purchase and sale agreement and identical clause in deed encompassed purchaser/property owner's claim against develop...
Attorney's fees -- Charging lien -- Error to deny motion to adjudicate and enforce charging lien against client's settlement funds based on determination that counsel had not established third ...
http://appellategourmetappealsinflorida.blogspot.com/2023/01/punitive-damages-attorneys-fees.html
Appeals -- Absence of transcript -- Trial court erred in granting summary judgment in favor of insurer in case involving proper application of policy deductible -- Although there is no transcript...
http://appellategourmetappealsinflorida.blogspot.com/2021/08/corporate-fiduciary-duty-business.html
Appeals -- Second-tier certiorari review of circuit court appellate division order reversing hearing officer's determination that respondent was in violation of County Code -- Circuit court appli...
http://appellategourmetappealsinflorida.blogspot.com/2021/05/wrongful-death-arbitration-juror.html
Appeals -- Jurisdiction -- District court -- Appeal from nonfinal order of county court ordering arbitration in small claims litigation and staying action until arbitration was completed, which ...
Appeals -- Certiorari -- Discovery orders -- Mortgage foreclosure -- Circuit court order allowing defendant to videotape deposition of substituted plaintiff's corporate representative but prohi...
Appeals -- Appellant lacks standing to appeal trial court's order denying motion to vacate final judgment entered against appellant's wife where appellant was not named as party and did not ...
Appeals -- Stay -- Automatic bankruptcy stay -- Appellate panel is bound by court's prior decision in Shop in the Grove, Ltd. v. Union Federal Savings and Loan Ass'n of Miami, 425 So. 2d 113...
I want to apologize to all for being so busy with work and our Recent Decisions of Interest Newsletters that have tripled over the last 6 months. But I am back! Stay healthy and safe everyone...
Contracts -- Real property -- Escrow agent -- Fiduciary duty -- Action against defendant escrow agent alleging that defendant breached fiduciary duty owed to plaintiff by distributing escrow f...
http://appellategourmetappealsinflorida.blogspot.com/2019/12/fiduciary-duties-contempt-marital.html
It is well settled that courts cannot grant relief not requested in the pleadings, and to do so is both an abuse of discretion and reversible error. Worthington v. Worthington, 123 So. 3d 1189...
"The U.S. Supreme Court on Friday refused to allow President Donald Trump to begin implementing a new policy that allows asylum claims only by immigrants entering the country through points of en...
Weakley v. Eagle Logistics Dockets: 17-14022, 17-14023 Opinion Date: June 29, 2018 Judge: Per Curiam Areas of Law: Bankruptcy, Civil Procedure In this consolidated appeal, plaintif...
"A bill that would make it a felony to harm or threaten lawyers for their work in family law cases is heading to Wisconsin Gov. Scott Walker. The Wisconsin Senate approved the bill known as Sar...
This is a great, short explanation of what appellate lawyers bring to the litigation table and how they help you and trial counsel: "Three Reasons To Hire An Appellate Lawyer " post by Bona La...
Arbitration -- Employee severance payment -- Condition of approval -- Final judgment confirming payment of severance package awarded in arbitration is reversed and vacatur of order of dismissal ...
After months of a very busy work schedule, followed by some time off for cooking, hiking, and winter gardening, the Appellate Gourmet's (c) Newsletters and Recent Decisions of Interest updates re...
Appeals -- Extension of time to file initial, answer, or reply brief -- Agreed notice – Procedure. ADMINISTRATIVE ORDER 17-2. 1st District. Arbitration -- Waiver -- Active participation...
http://appellategourmetappealsinflorida.blogspot.com/2017/10/civil-rights-contracts-equitable.html
"Attorney Dorothy Easley said a recent Third District Court of Appeals decision recognized that courts cannot go outside the allegations of a complaint. 'The first is that courts cannot go outs...
http://appellategourmetappealsinflorida.blogspot.com/2017/07/appellate-attorney-notes-complaint.html
The new FLORIDA APPELLATE PRACTICE BOOK, 10th Edition is the "go to" source that addresses practical issues about appellate practice in Florida. This manual includes guidance on filing a notice o...
"Trademark appeals expert Dorothy F. Easley, MS, JD, BCS Appeals, spoke in Miami on March 31, 2017, at the International Legal Symposium on the World of Music, Film, Television and Sports of the ...
There are excellent books on writing great appellate briefs. Most can be summarized (and I recognize that this is oversimplifying) to teach the following: be brief, be concise, be direct, unders...
http://appellategourmetappealsinflorida.blogspot.com/2017/04/three-of-twelve-practical-tips-for.html
Finally, I'm back to my blog after getting out from many deadlines and below are some very interesting new decisions: Flo & Eddie v. Sirius XM Radio Court: U.S. Court of Appeals for the Secon...
http://appellategourmetappealsinflorida.blogspot.com/2017/02/bankruptcy-constitutional-law.html