Advanced Appellate Practice (FL) (Recorded Package)

What You Will Learn

Part 1

Behind the Scenes at the Court of Appeal

• How are cases assigned?
• Who does what with a case?
• Tips

Appealable Orders:

• Finality of Orders
• What constitutes finality
• Establishing a final order versus a non-final order – be aware of form versus substance
• The significance of understanding and pinpointing finality
• Tolling rendition and critical timeframes
• Finality of an order in a case involving multiple parties and multiple causes of action
• Recent changes to Rules of Appellate Procedure implicating finality, rendition, and applicable deadlines

Non-final Orders and Original Writ Proceedings

• Non-final Orders
  • Forum Non Conveniens
  • Venue
  • Personal Jurisdiction
  • Orders granting or denying motions to compel arbitration
  • Orders granting or denying injunctive relief
  • Other orders

• Original Writ Proceedings
  •  Discovery orders (writs of certiorari)
  • Other writs of certiorari
  • Writs of prohibition
  • Writs of mandamus
  • Other writs

Part 2

Attorney Fees and Costs: Challenging and Preserving Trial Court Awards and Seeking Fees and Costs on Appeal

• Pleading requirements
• Record keeping to support fee awards
• Evaluating prevailing party determinations
• Appeals from fee and cost awards
• Special considerations in seeking appellate fees and costs

Post-Opinion Relief 

• Motion for rehearing, clarification, certification and written opinion
• Motion for rehearing en banc
• Procedures and limitations for each
• Mandate: issuance, stay/recall, enforcement

Stays, Bonding, and Supersedeas

• Prejudgment/preorder planning
• Stays of money judgments
  • Bond or no bond
  • Surety v. cash bonds
  • Releasing bonds after appeal
• Stays of non-monetary judgments and orders
• Automatic stays
• Modifications of stays and bonds
• Seeking appellate review of trial court stay decisions

Dealing with Difficult Oral Arguments and Pandemic Lessons  

• In Person and Remote Oral Arguments
  • Where we are and what have we learned?
• Dealing with a Hot Bench
• Dealing with a Cold Bench
• Tips for Arguing Cases of First Impression

Brief Writing Advice

• The limits of judicial notice
• Responding to self-represented litigants
• Handling prior Court of Appeal decisions that your appeal calls into question
• Distinguishing adverse authority while preserving grounds for review or a grant and hold
• Using narrative techniques to improve statements of facts

Testimonials

“Great speakers; very informative program!” – Stephen M. Todd, Esq.

“The speakers were remarkably well versed in appeals.”

“Excellent.”

“Very informative.”

“The best part for me was the attorney’s fees lecture.”

“Very good job with all speakers and handouts.”

“Very informative material and helpful speakers.”

“Excellent presentations by all. Very informative and useful information.”

“The topic and content were both excellent.”

“Jovial speakers with interesting and pertinent content.”

Faculty

Hon. Jay Cohen
Judge
Florida Court of Appeal, Fifth District

 Judge Cohen was appointed to the Fifth District Court of Appeal in January 2008 and served as its Chief Judge from January 2017 through December 2018. Previously he had spent eighteen years as a trial court judge in the Ninth Circuit (Orange and Osceola Counties). In that time, Judge Cohen served in virtually every division of the court system and was administrative judge of the appellate, civil, and criminal divisions.  

Judge Cohen graduated from the University of Florida with a Bachelor of Arts degree in English in 1974, and a Juris Doctor degree in 1978. Judge Cohen participated in the honors program as an undergraduate and both taught and supervised the teaching of legal research and writing while in law school.  

Beginning his career in Sarasota County, Judge Cohen moved to Orlando in 1980 where he prosecuted for two years. In 1982 he entered private practice. Judge Cohen handled the defense of criminal cases, juvenile dependency, as well as domestic relations, before branching out into personal injury. 

Appointed to the County Court bench in 1990 by Governor Martinez, Judge Cohen served in the traffic, criminal, and civil divisions, initiating a highly successful volunteer-based mediation program. In 1993, Judge Cohen was appointed to the Circuit Court bench by Governor Chiles. Judge Cohen was assigned to the domestic relations, juvenile, criminal, and civil divisions in both Orange and Osceola counties. Judge Cohen was appointed to the appellate court by Governor Crist.  

Before taking the bench, Judge Cohen was a member and vice chair of a Florida Bar Grievance Committee, chair of Fee Arbitration Panels, mediator with Citizens Dispute Settlement, and active participant in the Orange County Bar Association Pro-Bono program. In 1990, Judge Cohen was given the Award of Excellence by that association for outstanding community service.

Judge Cohen served on the Florida Bar Criminal Rules Committee from 2002-2008 and was vice chair from 2005-2008. He was a member of the Florida Bar Criminal Law Section Executive Committee from 2006-2008. He also served on the Florida Supreme Court FCTC Privacy and Court Records Report Implementation Workgroup.

Active in his community, Judge Cohen has participated in many civic and charitable endeavors such as Kiwanis, Greater Orlando Chamber of Commerce Drug Free Task Force, Downtown Orlando Partnership, University of Florida Gator Boosters, and Habitat for Humanity.

Judge Cohen taught frequently for both the Conference of Circuit Court Judges and Advanced Judicial Studies program and speaks at seminars for both the Florida and Orange County Bar Associations. Topics have ranged from evidence, sentencing, and legislative and rule updates, as well as various topics related to appellate practice.

Judge Cohen was a member of the American Inn of Court from 1995-2000, serving as President from 1997-1998. He was a member of the Central Florida Woman Lawyers Association for approximately 20 years. 

He has published articles on County Court Mediation, The Standard of Review in Cases Involving Improper Prosecutorial Comment, Criminal Law for the Bridge the Gap Manual as well as materials for numerous course teachings.  Since joining the appellate court, he has authored over 750 opinions.

Hon. Suzanne Labrit
Judge
Florida Court of Appeal, Second District

Judge Suzanne Youmans Labrit received her B.A. from the University of Florida in 1981 and her J.D. in 1986 from Nova Southeastern University, where she was a member of the Law Review.

Governor Ron DeSantis appointed Judge Labrit to the Second District Court of Appeal in July 2020.

In her early career, Judge Labrit was an associate in a statewide firm and two national firms, and ultimately became a partner in McDermott, Will, & Emery. In those positions, she handled litigation and appeals involving commercial real estate, healthcare, insurance coverage, and intellectual property. Judge Labrit also spent two years as General Counsel for a Miami-based commercial real estate developer and manager. In the two decades preceding her appointment to the bench, Judge Labrit was a partner in Shutts & Bowen, where she founded and chaired the firm’s appellate practice group.

While in private practice, Judge Labrit handled hundreds of appeals in all the Florida District Courts of Appeal, the Florida Supreme Court, and the Eleventh Circuit Court of Appeals.

She has been board certified in appellate practice by the Florida Bar since 2015.

Christopher N. Bellows, Esq.
Partner
Holland & Knight LLP

Christopher N. Bellows is an appellate attorney who has handled complex civil appeals in the Supreme Court of Florida, all Florida District Courts of Appeal and the federal appellate courts.

Mr. Bellows also has significant experience in complex commercial litigation, including areas of contract law, Uniform Commercial Code, business torts, foreclosures, receiverships, replevins, construction disputes, landlord-tenant litigation, product liability, personal injury, first amendment, employment discrimination, housing discrimination, environmental law, professional malpractice, antitrust, securities fraud and shareholder disputes.

Kristen Fiore, Esq.
Partner
Akerman LLP

Board certified in Appellate Practice by The Florida Bar, Kristen Fiore’s practice focuses on complex appellate matters. Prior to joining Akerman, Kristen served as a senior staff attorney for Florida Supreme Court Justice Barbara Pariente and a staff attorney for Fourth District Court of Appeal Judge Fred Hazouri. During her clerkships at both the highest and intermediate levels of appellate courts in Florida, she reviewed hundreds of briefs and participated in countless appeals, exposing her to a broad range of appellate issues and providing clients invaluable insight in framing compelling arguments and preservation of error issues during the trial stage of litigation.

Kristen’s extensive experience encompasses civil and administrative cases touching on a wide range of law, including constitutional issues, discovery, class actions, damages, bankruptcy, malpractice, probate, Indian law, taxation, and family, among others. Significant areas of focus in her appellate work include financial, insurance, and labor and employment disputes.

Prior to entering the practice of law, Kristen held several roles in human resources and general management in the financial services and consulting industries. Kristen’s diverse background provides her unique perspective into the intricate issues facing her clients.

Kansas R. Gooden, Esq.
Shareholder
Third District Court of Appeal

Kansas R. Gooden is a Board Certified Appellate Specialist and AV Rated attorney. She has extensive experience handling all types of civil appellate proceedings, including extraordinary writs and plenary appeals, in state and federal courts. She also provides litigation and trial support to attorneys throughout the state.  Ms. Gooden is a frequent lecturer and travels the state presenting seminars and presentations on various topics to both attorneys and adjusters.

Ms. Gooden is highly involved in the state and local bar associations and has served in many leadership roles. She currently chairs the Florida Bar’s Appellate Board Certification Committee, which writes and grades the board certification test. The examination tests an applicant’s knowledge of state and federal appeals in the areas of civil, criminal, administrative, worker’s compensation, probate, and family law. The committee also examines the fitness of the candidates for board certification and those applying for recertification.

Ms. Gooden is active in the Florida Bar’s Appellate Section. Over the past decade, she has served on the Executive Council and has chaired the CLE Committee. As chair, Ms. Gooden is responsible for creating and organizing the CLE programing for the section.

Ms. Gooden is on the board of the Florida Defense Lawyers Association as the President-Elect and serves as the chair of the organization’s Amicus Committee. On behalf of the organization, she authors and co-authors amicus briefs in important cases impacting tort, litigation, and insurance issues. She also serves on the board of directors of the Third District Court of Appeal Historical Society.

While in law school, Ms. Gooden interned for the Third District Court of Appeal Chief Judge David Gersten. It was there that she developed her passion for appellate practice. Additionally, Ms. Gooden played nationally competitive junior, amateur and collegiate golf. She was the Virginia State Girls Golf Champion in 1997 and 1999 and was awarded the Marion Miley Bracelet by the Western Women’s Golf Association in 1997.

Amy Wessel Jones, Esq.
Partner
Shutts & Bowen LLP

 Amy Wessel Jones is a Partner in the Fort Lauderdale office of Shutts & Bowen LLP, where she is a member of the Appellate Practice Group.

Amy is board certified in Appellate Practice by the Florida Bar. She represents clients in a wide range of appellate and litigation matters involving commercial disputes, business torts, and real-property litigation. She also provides pre-trial and trial support to litigators, assisting in the development of legal arguments and ensuring that all steps necessary to preserve issues for appellate review are taken. Amy is also a regular contributor to the Florida Appellate Law Blog, where she writes on issues of appellate practice and procedure.

Prior to joining the firm, Amy served as a judicial law clerk for the Honorable Jay P. Cohen at the Florida Fifth District Court of Appeal. During her appellate clerkship, Amy gained invaluable insight into the preservation of error at trial as well as effective appellate advocacy techniques. Prior to clerking, Amy completed a post-graduate fellowship with the Honorable Robin S. Rosenbaum at the United States District Court for the Southern District of Florida. During law school, Amy served as a Managing Editor of the Florida Law Review. She was also the recipient of the UF Law Pro Bono Certificate of Excellence in recognition of her commitment to public service through pro bono work.

Jared Krukar, Esq.

Florida Second District Court of Appeal

Jared M. Krukar is a Florida Bar board-certified appellate specialist and a Career Staff Attorney to the Honorable Stevan T. Northcutt of the Second District Court of Appeal.  Jared has served several roles within the court, previously as a Central Staff Attorney and then a Senior Staff Attorney to the Honorable Darryl C. Casanueva.  He also has extensive experience outside the court, having represented clients in all five Florida District Courts of Appeal, the Florida Supreme Court, and the Eleventh Circuit Court of Appeal.  Jared is rated AV Preeminent by Martindale-Hubbell and has been recognized by Florida Trend Legal Elite, Super Lawyers, and Best Lawyers in America and in Florida for appellate practice.  He serves on the Executive Council of The Florida Bar Appellate Practice Section Executive Council and currently chairs its Diversity and Inclusion Committee.  Outside of practice, Jared teaches Appellate Advocacy in the Law, Justice, and Advocacy Program at the University of Tampa.

Jamie Billotte Moses, Esq.

MMPO Defense

Jamie Billotte Moses is an Orlando litigation attorney and a member of the firm’s Appellate Team. Ms. Moses focuses her practice primarily on state and federal appeals. She also has significant experience representing clients in real estate and broker litigation, professional malpractice litigation, along with insurance and bad faith litigation.

Ms. Moses is board certified in Appellate Law by The Florida Bar. Additionally, she is a Certified Circuit and Appellate Court Mediator. 

Rebecca M. Plasencia, Esq.
Partner
Holland & Knight LLP

Rebecca M. Plasencia is an attorney in Holland & Knight’s Appellate and Litigation Practice Groups. Her practice areas include appeals, complex commercial litigation, product liability and creditors’ rights. Since joining Holland & Knight’s Appellate Team, Ms. Plasencia has argued appeals in the Florida District Courts of Appeal and the U.S. Court of Appeals for the Eleventh Circuit. Ms. Plasencia has also worked on numerous appeals before the Florida Supreme Court, U.S. Court of Appeals for the Ninth Circuit and U.S. Supreme Court. She has also litigated cases in state and federal courts and worked on several arbitration disputes.

In her commercial litigation practice, Ms. Plasencia has defended hotels in consumer class actions arising from the imposition of automatic gratuities and service charges at restaurants. Ms. Plasencia also represents financial institutions and law firms in cases alleging a variety of tort claims, including aiding and abetting fraud, aiding and abetting breach of fiduciary duty, and conspiracy. She has also represented a wide range of clients in claims arising from employment agreements, including obtaining emergency injunctions to prevent dissemination of trade secrets.

Ms. Plasencia routinely assists trial lawyers from the inception of a case, using her appellate knowledge to ensure that legal issues arising during the course of litigation are well-positioned for a favorable outcome, both at the trial and appellate levels. Ms. Plasencia has extensive experience in litigating nuanced jurisdictional and venue issues, including forum non conveniens motions and motions to compel arbitration. She also assists in litigation matters that arise after appeal, including postjudgment execution and enforcement of creditors’ rights.

Before entering private practice, Ms. Plasencia served as a law clerk to the Honorable Paul C. Huck of the U.S. District Court for the Southern District of Florida, from August 2004 to September 2005. While at the University of Miami School of Law, Ms. Plasencia was a member of the University of Miami Law Review and the Moot Court Board. As a Moot Court Board member, Ms. Plasencia participated in numerous competitions and received the Best Oral Advocate Award for her participation in the Advanced Moot Court Competition in 2002. Ms. Plasencia interned for the Honorable Rodolfo Sorondo Jr., at the Florida Third District Court of Appeal and served as a Constitutional Law Dean’s fellow to Professor Keith Rosenn at the University of Miami School of Law. She also interned at the Florida Office of the Attorney General, Criminal Appeals Division, during which time she argued several cases before the Florida Third District Court of Appeal.

Jack R. Reiter, Esq.
Shareholder
Gray Robinson

Jack is a shareholder at GrayRobinson and is chair of the appellate practice group. He is board certified in Appellate Practice by The Florida Bar, AV rated by Martindale-Hubbell, and ranked by Chambers USA for appellate law. In addition to appeals, Jack focuses his practice on litigation and trial support matters in commercial and business disputes, insurance coverage issues,  products liability and negligence, and toxic tort law. Jack has handled trial support proceedings in state and federal courts in Florida and in multiple jurisdictions outside of Florida. He has experience in preparing and arguing complex trial motions to dismiss and for summary judgment, as well as motions in limine and motions for directed verdict.

Jack has served as chair of The Florida Bar Appellate Court Rules Committee, the Appellate Practice Section of The Florida Bar and the Dade County Bar Appellate Court Committee. He is a member of the American Bar Association, the Tort and Insurance Practice Section and the Defense Research Institute.

Julissa Rodriguez, Esq.
Partner
Shutts & Bowen LLP

 Julissa Rodriguez is a partner in the Miami office of Shutts & Bowen, where she is a member of the Appellate Practice Group. She is Board Certified in Appellate Practice by The Florida Bar.

Julie focuses her practice on appellate litigation and trial support during all stages of litigation, which includes pre-trial motion practice, jury instructions, post-trial motion practice and proceedings supplementary. She also advises clients on securing stays of orders or judgments while a case is pending on appeal. Julie has over 17 years of experience representing clients in both state and federal courts in a variety of areas of law, including products liability, class action defense, business and tort litigation, real estate litigation, insurance disputes and employment litigation.

Before joining Shutts, Julie practiced appeals at an international law firm, where she chaired the firm’s Miami Appellate Department. Her appellate experience also includes serving as a judicial law clerk for Judge Rodolfo Sorondo, Jr., at the Third District Court of Appeal of Florida.

Nicholas A. Shannin, Esq.
Founder
Shannin Law Firm, P.A.

Nicholas A. Shannin, Esquire, is a Florida Bar Board Certified appellate attorney. He has been licensed to practice law in Florida since graduating with honors from the University of Florida College of Law in 1994.  Nick received his undergraduate degree from Rice University in Houston, Texas, graduating from Rice with a double major in Political Science and Sociology.  Before receiving his Texas-sized degree, Nick graduated from Osceola High School in nearby Kissimmee, Florida.  He remains a proud Osceola Kowboy (yes, spelled with a “K,” for Kissimmee) to this day.

Nick has a passion for the law and for organizations that help people in need.  He has been a long-time board member of both the West Orange Habitat for Humanity and the Legal Aid Society of Orange County.  He is a past president of the board for both organizations.  Nick has also been honored by the Florida Bar Appellate Practice Section as the recipient of its “Pro-Bono Attorney of the Year” award, in large part for his work with the Legal Aid Society.

Nick has been reviewed by his peers as “AV-Preeminent,” which is Martindale-Hubbell’s highest ranking for ability and ethics.  He has also been recognized by Florida Trend’s Legal Elite and Florida SuperLawyers, each recognizing the top 2% and top 5% of Florida attorneys, respectively, since 2007.  Nick received the Orange County Bar’s Lawrence Matthews Young Lawyer Professionalism Award and later served as President of the Orange County Bar Association.  Since 2014, Nick has appeared in SuperLawyers’ “The Top 100” list, which recognizes the best one hundred lawyers in the state of Florida.

Kyle B. Sill, Esq.
Law Clerk
Florida First District Court of Appeal

 Kyle Sill is a career clerk at the First District Court of Appeal; and has been there for 10 years.  He began clerking at the First DCA for Judge Scott Makar, to then clerk for Judge Nikki Ann Clark until her retirement.  And since 2015, he has clerked for Judge Susan Kelsey.  Kyle also teaches international sales and arbitration at FSU College of Law and coaches the Vis Moot Court Team there.  He taught abroad for two years in Clermont-Ferrand, France, and lectures and presents on writing, persuasion, citation, and substantive law topics.

Melissa M. Smith, Esq.
Law Clerk
Florida Third District Court of Appeal

 Bio coming soon!

Fees

Three Recorded Package options to choose from:

Video (with sound)* Recording & Materials Package – CD or Download:  $425

Audio Only* Recording & Materials Package – CD or Download:  $425

Order both the Video* and Audio Only* Packages for only $50 more – CD or Download:  $475

*The Video recording is a video of the webinar (with sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car).

Note: All downloads must be downloaded to a computer first, before transferring them to another device.

For CDs, please add $8.50 shipping and, in CA, sales tax.

This program will be recorded live on April 5 & 7, 2022.

(Recorded packages are available approximately two to three weeks after the seminar is held.)

CLE Credit

FL General:  This program is approved for 8.0 general CLE in Florida through October 31, 2023.

FL Board Certified: This program is also approved for 8.0 Board Certified Credits in each of the following areas of law (through October 31, 2023):

• Appellate Practice
• Criminal Appellate Law

CA General:  This program is approved for 6.5 units of general CLE in California.

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 6.5 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.