Berman’s Florida Civil Procedure

Appellate & Trial Support   |   March 31, 2018
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Shareholders Bruce J. Berman and Peter D. Webster recently published a new edition of the book, Berman’s Florida Civil Procedure (West Group). This is a leading treatise on Florida state practice and procedure, published annually since 1998. The latest edition (2018) was issued in April 2018 and can be purchased by clicking here.

This book is considered one of the most authoritative treatises on procedure in the Florida courts and is an excellent resource to attorneys with Florida-based clients and national clients with Florida litigation. The content of this book analyzes civil procedure on a rule-by-rule basis with all rules cross-referenced to modern case law. There is extensive coverage on class actions, offers of judgment, the relatively new forum non conveniens rule, and the most recent additions to the rules, for complex cases and preserving inadvertent disclosures during discovery. The text includes the latest procedural issues, rule amendments, and thousands of citations to the most recent cases. The work also compares Florida and federal practice, including references to the local rules of each of the three federal district courts in the state. 

In this edition, which was updated through December 31, 2017, the most significant changes include hundreds of new cases, among them, several decisions of the Florida Supreme Court in 2017. There is significant new material on the application of the relation-back doctrine to attempts to add new claims, including two Florida Supreme Court cases; and new material regarding proposals for settlement.

The new edition highlights a disagreement among the District Courts of Appeal as to whether documents that must be served, but need not be filed until the occurrence of some condition subsequent, must be served by email pursuant to Judicial Administration Rule 2.516 to be effective. Another new section identifies a disagreement between the First and Second District Courts of Appeal as to whether protecting jurors from unwarranted inquiries into the basis of their decision and the sanctity of jury deliberations establishes irreparable harm sufficient for review by certiorari.

Berman focuses his nationwide practice on large and complex commercial disputes in federal and state trial and appellate courts, and in domestic and international arbitration tribunals. He represents U.S. and international clients in cases spanning a wide range of substantive law including securities, aviation, health, intellectual property (copyright, trademark and unfair competition), corporate finance, mergers and acquisitions, real estate and commercial lending (real estate, asset-based and lease financing), among others. He chairs the firm’s Aviation industry group.

Berman has been recognized as a leading lawyer internationally, nationally and locally by, among others, Chambers USA (for commercial litigation since first issuing Florida rankings), the National Corporate Counsel Edition of Super Lawyers (for Florida Business Litigation), Florida Trend’s Legal Elite and Florida Super Lawyers, in addition to being selected for biographical reference in Who’s Who in the World, Who’s Who in America, and Who’s Who in American Law. He received his J.D. from Boston University School of Law, his M.B.A. from Columbia University and his B.A. from Williams College.

Webster has had a distinguished career in judicial service, spanning more than 25 years. He served as a circuit judge in Florida’s Fourth Judicial Circuit from 1986 until his appointment to the Florida First District Court of Appeal in 1991. He remained on that court until his retirement in 2011, authoring hundreds of opinions. He also earned numerous honors, including three nominations to the Florida Supreme Court and a nomination to the United States District Court for the Northern District of Florida. Since joining Carlton Fields, he has focused principally on appellate practice, as well as handling significant legal issues at the trial level.

Webster has served on numerous bar and court committees, including as a member of the American Bar Association House of Delegates and a Trustee of the American Inns of Court Foundation. He was an adjunct professor at Florida Coastal School of Law for nine years. He received his LL.M. from the University of Virginia School of Law, his J.D. with distinction from Duke University School of Law, and his B.S.F.S., magna cum laude, from Georgetown University’s Edmund A. Walsh School of Foreign Service.


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