Silence Is Not Always Golden: Preserving the Record in Opposing Motions for Summary Judgment

June 17, 2022

To Waive or to Forfeit, That Is the Question (On Appeal)

April 29, 2022

In re Burden of Proof v. Standard of Review

March 30, 2022

How to Avoid Getting Shot Down – A Primer on Shotgun Pleadings

February 10, 2022

Florida Supreme Court Authorizes Interlocutory Appeals From Orders Allowing or Disallowing Punitive Damages Claims

January 14, 2022

All Things Reconsidered: Getting It Right the First Time

November 16, 2021

Litigation often offers multiple opportunities to inject an argument or an issue into a case. Pleadings, motions, and responses to motions allow parties to frame the issues. Unfortunately, there are times when an adverse ruling provides the spark that prompts a party to raise what might have been the winning argument, had it been raised earlier. Whether an argument raised for the first time on a motion for reconsideration is considered timely and — our focus here — preserved for appeal depends very much on case law, which may limit a party’s ability to raise new issues on a motion for reconsideration.

Waiving the Personal Jurisdiction Defense

November 5, 2021

Taking Advantage of Preliminary Substantive Jury Instructions and Preliminary Charge Conferences: Practical Considerations and Tips

September 17, 2021

Florida Supreme Court Adopts and Codifies Apex Doctrine

August 26, 2021