Continued from page 22
57.105, Florida Statutes, for violating
Rule 9.331. In Aquasol Condominium
Association, Inc. v. HSBC Bank USA,
the Third District faced a potentially
broader range of ostensibly improper
misconduct but reached a similar
result. The court focused in
particular on potential violations
of Rule 9.330 based upon a party’s
failure to specify the points of law
or fact that the movant believed
the court overlooked. 4
Appellate litigants considering
these post-opinion motions should
be circumspect and frank about
compliance with the applicable
rules. The rules provide clear
guidance to ensure that these
avenues for relief remain open in
meritorious situations.
Appellate Section Luncheon
The appellate section held an informative CLE on the topic of “The Dos and Don’ts
of oral argument” with a panel of judges from the second District Court of appeal on
october 17. Thank you to the three judges who kindly participated: Judge matthew C.
Lucas, Judge samuel J. salario, Jr., and Judge Craig C. villanti. appellate section
Co-Chairs Tom seider and Joe Eagleton of Brannock & Humphries moderated the session.
The authors would be remiss not
to mention that the response times
stated in these rules will change effective
January 1, 2019. See In re Amendments
to the Florida Rules of Civil Procedure,
SC17-882, 2018 WL 5289342 (Fla.
Oct. 25, 2018).
2 See McDonnell v. Sanford Airport
Auth., 200 So. 3d 83, 85 (Fla. 5th DCA
2015); Marion v.
Orlando Pain &
Med. Rehab., 67 So.
3d 264, 265 (Fla.
5th DCA 2011).
3 248 So. 3d 242,
244 (Fla. 5th DCA
2018).
4 43 Fla. L.
Weekly D2271
(Fla. 3d DCA Sept.
26, 2018).
1
Authors: Stacy
Blank and Patrick
Chidnese – Holland
& Knight LLP
JAN - FEB 2019
|
HCBA LAWYER
The appellate section thanks its luncheon sponsor:
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