The past few years have shown that litigation continues to be a viable vehicle for bringing about societal change, particularly when legislative action does not follow changes in public opinion on high profile issues. The same sex marriage litigation that culminated in same sex marriage bans being declared unconstitutional in Obergefell v. Hodges is perhaps
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Florida Foreclosure Appeals: Unique Issues and Broader Impact
Florida Foreclosure Appeals: Unique Issues and Broader Impact
[The following is excerpted/adapted from a Continuing Legal Education (CLE) presentation I gave earlier this year for the Florida Bar Appellate Practice Section’s Monthly CLE Teleconference. Because the lecture was too long for one post, I’m breaking it down into several posts.]
Foreclosure cases are not what…
Florida’s Ban on Credit Card Surcharges Declared Unconstitutional
You may have gone to pay for a purchase and been told by the store owner that there was an extra charge to pay by credit card. And you’ve undoubtedly gone to a gas station with two sets of prices: lower prices for cash and higher prices for credit cards.
Is there any difference between…
Fewer Federal Appeals Were Filed in 2017. Why?
According to a statistical report recently issued by the Administrative Office of the United States Courts, federal appeals filings dropped substantially last year. In the 12-month period ending September 30, 2017, 50,506 appeals were filed in federal courts of appeals nationwide, a 16.3% decline from the 60,357 filed in 2016.
The Eleventh Circuit saw an…
Foreclosure Appeals — Part 2 — Unique Issues
Continuing from my last post, this post (also excerpted/adapted from my CLE presentation o the Florida Bar Appellate Practice Section) outlines some unique legal issues that arise in foreclosure appeals.
Attorney’s Fees
Particularly in residential mortgage cases, fee structures in foreclosure appeals can be different from other cases. On both sides of the aisle,…
Foreclosure Appeals — Unique Issues and Broader Impact
[The following is excerpted/adapted from a Continuing Legal Education (CLE) presentation I gave earlier this year for the Florida Bar Appellate Practice Section’s Monthly CLE Teleconference. Because the lecture was too long for one post, I’m breaking it down into several posts.]
Foreclosure cases are not what many think of as being the sexiest cases.…
FL Appeals Court Tells Dwayne Wade and Ex-Wife to Get a Parenting Coordinator and Stop Appealing
Three times was too many for Miami Heat star Dwayne Wade’s ex-wife. Four years ago, an Illinois court entered a 102-page (!) judgment after a 38-day (!) trial, detailing D-Wade and his ex-wife’s custody and timesharing arrangements. D-Wade was given sole custody and permission to relocate the minor children to Florida, with his ex-wife granted…
Florida Appeals Court Forfeiture Decision A Reflection of Changing Attitudes About Cannabis?
There’s no denying that public opinion on the dangerousness of cannabis has changed dramatically in recent years. Florida has not taken the steps that some states have taken to legalize cannabis for medical purposes, let alone for general use. But there’s evidence of a change in public opinion in Florida as well.
Florida has legalized…