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Stipulations


September 20, 2017 11:12 AM | Posted by Christine Davis Graves and Gabriella S. Paglieri | Permalink

One of the most important factors in preserving your appellate rights is knowing when the clock starts running on your deadline to appeal. While the answer may appear simple as a matter of course, that is not always the case. In Love v. Wal-Mart Stores, Inc., 865 F.3d 1322 (11th Cir. 2017), the Eleventh Circuit dismissed an appeal as untimely because it was not filed within 30 days of a stipulation of voluntary dismissal under Rule 41. This decision reminds practitioners that, when in doubt, assume the earliest possible deadline for your appeal.

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May 22, 2015 9:12 AM | Posted by Christine Davis Graves | Permalink
Preservation of Error TipsIt is often beneficial to limit the issues at trial to those that are truly disputed and to stipulate to facts that are no longer in dispute.  In some cases, for example, liability may be sharply disputed, but the amount of damages are undisputed.  In this instance, the parties can stipulate prior to trial that, if the plaintiff prevails on a certain issue, the plaintiff will be entitled to a specified amount of damages.  In the haste leading up to trial, however, certain details, such as elements of damages that are not readily apparent, may be forgotten and thus waived if not included in the stipulation. read more