Abstract Appeal

Recent Posts from Abstract Appeal


  • Fifth District Appointment

    Congratulations to Indialantic's Judge Bruce Jacobus. Yesterday, Governor Crist appointed Judge Jacobus to the Fifth District. Judge Jacobus spent the last 14 years as a judge with the 18th Judicial Circuit. He takes the seat…

  • Fifth District: Grandparental Custody

    Can grandparents obtain primary residential responsibility over their grandchildren, better known as custody, without adopting them? Yes, explained the Fifth District in this decision, which involved a mother who consented to the placement and a…

  • Fifth District: Great Way To Lose, Treating Physician Discovery

    I recently posted on a Fifth District decision that seemed a bad way to win. Well, here we have a decision from the same court that seems like a great way to lose. The case…

  • Fifth District: Entrapment

    If you are interested in entrapment, take a look at this decision from the Fifth District. It is rather short but gives a good overview of the distinction between the objective entrapment test, which focuses…

  • Back In Blog

    Whew. A couple of hard weeks of work just flew by. Thanks to the many who sent me comments on that last post. They were both entertaining and insightful.

  • St. Pete Times: HERE'S THE INFORMATION YOU ARE NOT SUPPOSED TO LEARN

    My local paper, the St. Petersburg Times, has a notable story today on the front page of the local section. Using bullet points, it describes what a jury will not be told in a local…

  • Fourth District: Insurance

    Insurance fans may be very interested in this decision. The Fourth District reversed an order enforcing a settlement, holding that an insurer's response to a settlement demand constituted a counteroffer, not an acceptance, because the…

  • Fourth District: Hearsay

    Under this decision from the Fourth District, you can add certificates of non-licensure from the Construction Industry Licensing Board to the list of non-testimonial hearsay items that can be admitted against a criminal defendant consistent…

  • Fourth District: PSIs

    To impose a habitual offender sentence, Florida law requires a pre-sentence investigation. That requirement is said to amount to a right to a PSI before being sentenced as a habitual offender. Can counsel waive that…

  • Ineffective Assistance -- Winning In The Worst Way?

    Appellate friends, is there such a thing as a bad win? If there is, then this decision released earlier today by the Fifth District might be an example. A criminal defendant appealed his convictions for…