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I Object! A Blog on Preservation of Error

September 2016


September 23, 2016 12:45 PM | Posted by Chris W. Altenbernd and Adriana Gardella | Permalink
While trial attorneys know they must preserve issues they wish to raise on appeal, they often overlook the basic steps required to help ensure appellate review. During more than 27 years on the bench, former Florida appellate court judge and Carlton Fields shareholder Chris Altenbernd saw attorneys make the same mistakes repeatedly. Based on those observations, he shared tips for trial attorneys during a recent conversation, which has been edited and condensed. read more
September 19, 2016 9:45 AM | Posted by David Luck and Zachary Ludens | Permalink

I Object! TipsOne preservation issue that seems to receive less attention than it should is the potential need for a cross-appeal.  An appellee/respondent who is not entirely successful in the trial court may challenge an unfavorable portion of a final judgment or order by filing a cross-appeal.  Indeed, the cross-appeal is typically the sole means that an appellee/respondent has to request relief from the order or judgment appealed by the appellant.  Thus, it is the method for the partial or nominal winner below to challenge an unfavorable portion of an otherwise favorable final judgment or order.

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September 6, 2016 10:41 AM | Posted by E. Kelly Bittick | Permalink
In Frigaliment Importing Co. v. BNS Int’l Sales Corp., 190 F. Supp. 116 (S.D.N.Y. 1960), Judge Friendly famously asked “What is chicken?” A case decided last year raises the question, “What is a Daubert motion?” read more