Useful Maps Explaining Florida’s Judicial System

A picture is worth 1,000 words. This is true. Therefore, the best way to describe Florida's judicial system is through pictures in the form of maps: FLORIDA COUNTIES For more information on Florida counties, take a look at the useful maps that will tell you the cities located within each county. FLORIDA JUDICIAL (TRIAL COURT) CIRCUITS For more information on Florida's judicial (trial court) circuits, take a look at this map and the corresponding links to the judicial circuits. FLORIDA APPELLATE CIRCUITS For more information on Florida's appellate districts, take a look at this useful map that will identify the judicial (trial court) circuit and counties that...

03 January

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Verdict Forms (General or Special) and the Two-Issue Rule

Posted by David Adelstein

in Appeal, Standard of Review

I previously discussed the importance of jury instructions and the jury instruction conference. Now, I want to discuss the importance of the verdict form. This is the form the jury fills out during its deliberation that identifies the associated liability and damages it determines. There are 2 types of verdict forms used. A general verdict form is a relatively simple form that is easy to prepare and asks the jury to determine whether it believes the defendant is liable and, if so, the damages the defendant owes the plaintiff. This is the type of form a plaintiff oftentimes wants. A special interrogatory verdict...

28 December

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Appealing the Granting or Denying of a Party’s Peremptory Challenge(s)

Posted by David Adelstein

in Appeal, Standard of Review, Voir Dire

Previously, I discussed the basics regarding peremptory challenges. What if the court grants or denies a peremptory challenge and a party wants to appeal that ruling at the conclusion of the trial? A party will want to potentially appeal if (a) a party challenges its opponent's use of a peremptory challenge arguing that the opponent wants to strike a juror for a racially motivated basis and the court still grants / sustains the peremptory challenge or, alternatively, (b) a party challenges its opponent's use of a peremptory challenge arguing that the opponent wants to strike a juror for a racially motivated basis and...

25 December

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The Burden to Establish Petitions for Writs of Certiorari (“Cert”)

Posted by David Adelstein

in Appeal, Standard of Review

What is a petition for a writ of certiorari (or “cert,” for short)? A petition for a writ of cert is when a petitioner wants to appeal a non-final order (e.g., an interlocutory order that does not finally dispose of the dispute such as a final adverse judgment against the petitioner) issued by the trial court when there is no direct right to appeal that non-final order. In order for an appellate court to entertain a petition for a writ of cert, the petitioner MUST establish that (a) the trial court departed from the essential requirements of the law and (b) this...

24 December

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Abuse of Discretion Standard of Review for Trial Court Granting or Denying New Trial

Posted by David Adelstein

in Appeal, Standard of Review

Previously, I discussed the de novo appellate standard of review relating to a summary judgment. Now, I’d like to discuss the appellate standard of review when a trial judge grants or denies a motion for a new trial. This means there was a trial. There was a presumed winner and there was a presumed loser. The presumed loser, by way of example, moved for a new trial with the trial court and that motion was either (a) granted by the trial court prompting the presumed winner to appeal the trial court’s granting of a new trial, or (b) denied by the...

14 December

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De Novo Appellate Standard Of Review For Summary Judgments

Posted by David Adelstein

in Appeal, Standard of Review

An appellate court’s standard of review when reviewing a trial court’s summary judgment is de novo. Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla. 2000); accord L’Etoile Homeowners Ass’n, Inc. v. Fresolone, 940 So.2d 1170 (Fla. 4th DCA 2006). A de novo standard of review means that the appellate court will examine the trial court’s record anew and will rule on the record evidence and law without giving any deference to the trial court. This is a favorable standard of review for an appellant (party appealing trial court’s ruling) because there is no deference afforded to the...

14 December

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The Trial Court Reached The Right Result For The Wrong Reason – The Tipsy Coachman

Posted by David Adelstein

in Appeal

Trial courts sometimes reach the right result / ruling, but for the wrong reason. This wrong reason serves as the basis of an appeal. However, under the appellate principle known as the “tipsy coachman doctrine,” an appellate court can affirm a trial court’s ruling even if the trial court reached the right result / ruling, but for the wrong reason. The right reason(s), though, needs be supported by the record before the trial court (that makes up the record before the appellate court). See Dade County School Board v. Radio Station WQBA, 731 So.2d 638 (Fla. 1999); accord State Farm Fire...