Search for: "Amendment to the Florida Rules of Appellate Procedure"
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8 Jul 2016, 9:55 am
State Supreme Court Rules that Post-Mortem Misconduct by Doctor Is Medical Malpractice, Reverses Damages Award, South Florida Personal Injury Lawyers Blog, published June 13, 2016. [read post]
30 Jun 2016, 9:01 pm
While Texas raised the “take care” issue, neither the district nor appellate courts addressed it. [read post]
21 Jun 2016, 9:01 pm
One approach would be to say that Miller was a procedural case and therefore did not announce a new rule of substantive constitutional rule. [read post]
10 Jun 2016, 9:32 am
Florida and Atkins v. [read post]
3 Jun 2016, 8:13 am
Lee, 15-789, the Court held that California’s procedural default rule barring claims raised for the first time on state collateral review was sufficiently firmly established and regularly followed to legitimately bar review of habeas claims, shockingly resulting in a reversal of the Ninth Circuit. [read post]
27 May 2016, 8:00 am
Ryan, which allowed certain petitioners who claimed ineffective assistance to excuse procedural defaults. [read post]
24 May 2016, 5:04 pm
Arizona 15-8366Issue: (1) What is the proper appellate procedure to address a trial court's failure to conduct the third Batson v. [read post]
20 May 2016, 9:08 am
Florida. [read post]
18 May 2016, 5:19 pm
Florida and Atkins v. [read post]
13 May 2016, 7:55 am
In 2013, a draft on procedural and evidentiary principles applicable to the sexual assault provisions (¶ 213 of the Model Penal Code) and on collateral consequences of conviction was presented to ALI for discussion but no vote. [read post]
25 Apr 2016, 8:19 am
Bentz, Janik LLP, Cleveland, for Appellant Ellen Kaforey Brian F. [read post]
21 Apr 2016, 4:50 am
The First Amendment protects freedom of speech and association. [read post]
13 Apr 2016, 8:26 am
Jacobson’s Argument Appellants committed the crimes of kidnapping, unlawful restraint, and child enticement when, without privilege to do so, they interfered with the custody rights of Jessica’s mother, refused to permit contact, and transported Jessica to Florida without her or her mother’s consent. [read post]
5 Apr 2016, 7:34 am
Civil procedure -- Summary judgment -- Notice of summary judgment evidence on which adverse party intends to rely -- Trial court properly interpreted rule 1.510 as requiring adverse party to file notice in response to a motion for summary judgment even if the evidence upon which it seeks to rely is already in the record -- Insurance -- Personal injury protection -- Coverage -- Medical expenses -- Reasonable, related and necessary treatment -- Trial court did not err in finding that… [read post]
28 Mar 2016, 7:09 am
However, the court ruled in this case that procedure trumps truth,” said Carr, a partner at Koch, Parafinczuk & Wolf in Fort Lauderdale. [read post]
18 Mar 2016, 12:35 pm
It is important to note that this decision comes from a Florida appellate court. [read post]
11 Mar 2016, 10:02 am
Barton, 15-580, which involves a tricky issue of determining whether a state court ruled on a procedural or substantive basis and the types of review applicable to each. [read post]
1 Feb 2016, 5:47 pm
RVS CAPITAL, LLC, a Florida limited liability company, RIO VISTA SALOON, LLC, a Florida limited liability company, and DAVID ZWICK, Appellees. 4th District. [read post]
12 Jan 2016, 10:03 am
Carter, 322 N.C. 709 (1988), which rejected under the state constitution the Fourth Amendment’s good-faith exception to the exclusionary rule, should be reconsidered to allow the Allman search warrant to be upheld under this exception. [read post]
12 Jan 2016, 10:03 am
Carter, 322 N.C. 709 (1988), which rejected under the state constitution the Fourth Amendment’s good-faith exception to the exclusionary rule, should be reconsidered to allow the Allman search warrant to be upheld under this exception. [read post]
