Abstract Appeal
Abstract Appeal is devoted to Florida law and the 11th U.S. Circuit Court of Appeals based in Atlanta. "Generally, Abstract Appeal discusses, with perhaps a modicum of commentary, noteworthy decisions by Florida's appellate courts and the 11th Circuit. On a regular basis, Abstract Appeal also points out news and other items of interest relating to Florida law.
Author: Author Matt Conigliaro is a St. Petersburg, Fla., appellate attorney who is a partner with Carlton Fields.
Blawg Related Categories: Appellate Practice • 11th Circuit Court • States • Florida
Recent Posts from Abstract Appeal
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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…
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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…
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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…
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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…
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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.
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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…
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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…
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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…
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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…
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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…