What You Will Learn

Eleventh Circuit Judge Britt C. Grant will be joining Part 1.
Eleventh Circuit Judge Charles R. Wilson will be joining Part 2.

Part 1: Tuesday, September 17, 2024
1:00 p.m. – 4:45 p.m. Eastern Time

1:00 p.m. – 1:25 p.m.
An Overview and Inside Look at 11^th Circuit Practice
Kathryn L. Ender

• Overview of the structure of the 11^th Circuit
• 11^th Circuit docket orders/time schedules demystified

1:25 p.m. – 2:20 p.m.
Initiating the Appeal in Civil Cases
Elliot Kula and W. Aaron Daniel

• Should you appeal?
• Do you have an appeal as a matter of right?
• If not, what are your options for interlocutory review?
• Petitions for permission to appeal (28 U.S.C. § 1292(b), Fed. R. Civ. P. 23(f))
• Entry of separate judgment as to fewer than all parties/claims (Fed. R. Civ. P. 54(b))
• Appeals from orders granting or denying preliminary injunctions
• Writs
• Initiating the appeal

2:20 p.m. – 2:30 p.m.
BREAK

2:30 p.m. – 2:50 p.m.
The Court’s Decision—What Relief and in What Form?
Leland H. Kynes with Hon. Britt C. Grant commenting

• The five main dispositions – affirm, reverse, vacate, remand and dismiss
• Published opinions versus unpublished memoranda
• Certifying state-law questions to state supreme courts
• Practice tips: framing the relief your client needs

2:50 p.m. – 3:20 p.m.
Appellate Stays and Bonds
Leland H. Kynes

• When can enforcement of a judgment begins?
• Staying a money judgment by providing security
• Staying a money judgment without security
• Staying (or creating) an injunction pending appeal
• From which court do I request a stay?

 3:20 p.m. – 3:25 p.m.
BREAK

3:25 p.m. – 4:45 p.m.
11^th Circuit Motion Practice
Alyssa Reiter and Kathryn L. Ender

• Procedural
  • Extensions of time
  • Oversized briefs
  • Consolidation
  • Withdrawal / substitution of counsel
  • Stay of appellate proceedings
  • Strike
  • Limited remand
  • Expedite
  • In forma pauperis

• Substantive
  • Dismiss
  • Summary affirmance / summary disposition
  • Stay / injunctive relief
  • Appointment of counsel
• Original proceedings
  • Petitions for permission to appeal
    • 28 U.S.C. s. 1292(b), Federal Rule of Civil Procedure 23(f)
  • Mandamus petitions

• Miscellaneous issues
  • If relief is needed on an “emergency” basis (fewer than 21 days)

Eleventh Circuit Judge Charles R. Wilson will be joining the Oral Argument
session today.

Part 2: Thursday, September 19, 2024
1:00 p.m. – 4:45 p.m. Eastern Time

1:00 p.m.  – 1:20 p.m.
The 11^th Circuit Mediation Program
Elliot Kula 

1:20 p.m.  – 2:50 p.m.
Brief Writing
Monica V. Castro and Rebecca M. Plasencia 

• 11th Cir Rules/Customs v. State Rules/Customs Generally (not by state)
• How to decide what you’ll put in your briefs
• Standard of review in briefs 
• Excerpt of Records requirement
• A walk through of your briefs
• What persuades your judges?
• What does not persuade your judges?
• Writing tips

2:50 p.m.  – 3:00 p.m.
BREAK

3:00 p.m.  – 4:00 p.m.
Oral Argument
Christopher Bellows and Matthew Friedlander, with Judge Charles Wilson commenting

• Process and components
  • Scheduling
  • Whether or not and why they get scheduled
  • How judges are picked
  • What happens after your argument?
• How to prepare
• What is the usual timing?
• What are the most important rules?
• What are judges are expecting from you?
• In-person presentation tips
• Additional tips for online arguments
  • Tech and what to expect from the court
  • Expectations of judges
  • Court reporters
  • Dress and presence
  • Your location & background choices

4:00 p.m. – 4:05 p.m.
BREAK

4:05 p.m.  – 4:45 p.m.
Post-Decision Practice
Kristen Fiore

• Petitions for panel rehearing
• Petitions for rehearing en banc
• Petitions for attorney fees
• Cost bills
• Petitions for certiorari
  • Making your appeal cert proof
• Timelines

Testimonials

“I entered “5” for “very satisfied.”  Despite being an experienced lawyer, I knew I needed more information about the basics of representing a potential 11th Circuit litigant.  The presenters included actual 11th Circuit judges, as well as attorneys with decades of trial and appellate experience.  I found the motion practice and subject/personal jurisdiction tips particularly helpful and of course appreciated the “view from the bench” from presiding judges.  I’m looking forward to day 2!” – Thea Janeway, Esq.

“The presentation was easy to follow and well road-mapped.” – Zane Leiden, Esq.

“This was a good introduction to practicing in the 11th circuit, and there were some tips I can apply in state court and district court.” – Anelise Codrington, Esq.

“The speakers provided a wide variety of information regarding 11th Circuit practice and answered my specific questions.” – Ken Davis, Esq.

“The written materials were beneficial.” – Kendra F Shaw, Esq.

“My objective was to learn more about the 11th Circuit ADR process. I found the Bootcamp’s section about the Kinnard Mediation Center to be informative and specific, such that I now have a path forward with respect to my own client matters.” – Thea Janeway, Esq.

“I have an upcoming oral argument in the 11th Circuit and found the panel discussion on the subject particularly helpful.” – Ken Davis, Esq.

“Great presentation!” – Audrey DeBouver, Esq.

“Very informative, providing broad information helpful for practitioners new to the 11th circuit as well as more specific practical advice for those already engaged in practice in the 11th circuit.” – James Cory Wilkinson, Esq.

“Practical practicing tips were shared and discussed.” – Kevin Abernethy, Esq.

“Very well presented.” – Scott Kalisch, Esq.

“I thought it was very helpful as is.” – Ken Davis, Esq.

“Excellent organized presentation.” – Heather Kendall Karrh, Esq.

“It definitely made me cautious about building a record, meeting the criteria for an appeal, and being hyper-conscious about deadlines.” – Zane Leiden, Esq.

“Great program and information.” – Ken Davis, Esq.

“I gave each of the speakers a ‘best’ rating because they were personable, excellent communicators, and clearly were experts in their domain of the presentation. I felt that the material was well-suited for participants of my background (i.e., attorneys with little or no federal appellate experience.) In addition, the overall online program was moderated very well, having reliable timelines and audiovisual effects. I wish all online event moderators would disable attendees’ video screens – I believe doing so preserves the quantity of bandwidth and data Zoom’s bandwidth and data consumption, which, in turn, produces a better experience for both viewers and presenters.” – Thea Janeway Esq.

“Very thorough and informative.” – Michael D’Lugo, Esq.

“Very informative. Helpful information in navigating 11th Cir. rules and procedure.” – Kevin Abernethy, Esq.

“I thought it was very helpful.” – Ken Davis, Esq.

“It provided me with what I needed.” – Michael D’Lugo, Esq.

“Insightful practical tips.”

“The second part covered all of these issues (briefing, oral argument) that I needed to learn about.”

“Very helpful. Useful information.”

“Very thorough and informative!”

“Covered a lot of ground.”

“Lots of accurate information.”

“Very good.”

Faculty

Hon. Britt C. Grant
U.S. Circuit Judge
11th Circuit Court of Appeals

Britt C. Grant serves as a Judge on the U.S. Court of Appeals for the Eleventh Circuit.  Judge Grant was appointed to the federal bench in 2018 after serving as a Justice on the Supreme Court of Georgia.  

Following her summa cum laude graduation from Wake Forest University, Judge Grant worked in the Washington, D.C. office of then-Congressman Nathan Deal.  Shortly before September 11, 2001, she began serving in the White House under President George W. Bush. 

After three years at the White House, Judge Grant attended Stanford Law, where she graduated with distinction, and also served as president of the Federalist Society chapter and the co-founder of the Stanford National Security and the Law Society.  Following law school, she clerked for then-Judge Brett Kavanaugh on the U.S. Court of Appeals for the D.C. Circuit and practiced law at Kirkland & Ellis LLP in Washington, D.C.  Judge Grant then returned home to Atlanta, where she worked in the Office of the Georgia Attorney General and was appointed to serve as the State’s Solicitor General before being named to the Supreme Court of Georgia.   

Judge Grant resides in Atlanta with her husband and their three children. 

Hon. Charles R. Wilson
U.S. Circuit Judge
11th Circuit Court of Appeals

Charles R. Wilson is a judge of the United States Court of Appeals for the Eleventh Circuit.

Following graduation from law school, Judge Wilson served as a law clerk for Judge Joseph W. Hatchett of the United States Court of Appeals for the Fifth Circuit from 1979 to 1980. From 1980 to 1981, he served as an assistant county attorney in Hillsborough County. 

Following a five-year stint in private practice based in Tampa, he was appointed as a county state judge in Hillsborough County in 1986, serving in that capacity until 1990. From 1994 to 1999, he served as the United States attorney for the Middle District of Florida.

In 1990, Judge Wilson was appointed as a United States Magistrate Judge for the Middle District of Florida, serving until 1994.

President Bill Clinton nominated Judge Wilson to the United States Court of Appeals for the Eleventh Circuit on May 27, 1999, to replace the vacancy created when Joseph W. Hatchett retired. Wilson’s nomination was uncontroversial, earning bipartisan support from both of his state’s senators.  He joined the 11th Circuit Court of Appeals on September 13, 1999.

Judge Wilson received his Bachelor of Arts degree from the University of Notre Dame in 1976 and his Juris Doctor from Notre Dame Law School in 1979.

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.

Monica V. Castro, Esq.
Partner
Holland & Knight LLP

 Monica Vila Castro is a Miami litigation attorney on Holland & Knight’s Appellate Team and in the firm’s Litigation Practice Group. She focuses on complex commercial litigation and appellate matters involving a wide variety of legal issues.

In her commercial litigation practice, Ms. Castro has represented clients in cases arising from breach of contract, shareholder disputes, mismanagement and embezzlement of company assets, challenges to the validity of life insurance policies, termination of distributorships, disputes with health insurers and predatory lending. Ms. Castro’s fluency in Spanish has enabled her to effectively assist clients in both English- and Spanish-speaking jurisdictions.

As part of her appellate practice, Ms. Castro has drafted briefs and argued appeals in the Florida District Courts of Appeal, Florida Supreme Court and the U.S. Courts of Appeals for the Fourth and Eleventh Circuits, as well as the U.S. Supreme Court. Ms. Castro 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 at the trial and appellate levels. Prior to entering private practice, Ms. Castro served as a law clerk to the Honorable Susan H. Black on the U.S. Court of Appeals for the Eleventh Circuit.

W. Aaron Daniel, Esq.
Partner
Kula & Associates, P.A.

Aaron is a Florida Bar Board Certified Appellate Attorney who dedicates his entire practice to appeals and trial support.  Aaron has appeared in all Florida District Courts of Appeal, the Florida Supreme Court, the Eleventh and Second Circuit Courts of Appeals, as well as Federal District Courts and Bankruptcy Courts.  Aaron recently served as Vice Chair of the Florida Bar’s Appellate Court Rules Committee. 

Kathryn L. Ender, Esq.
Partner • Florida Bar Board Certified Appellate Specialist
Dinsmore & Shohl LLP

Kathryn (“Katie”) Ender is a Florida Bar Board Certified Specialist in Appellate Litigation. Katie co-chairs Dinsmore’s national Appellate and Legal Issues practice, and chairs Florida’s appellate group. With 17 years of litigation and appellate experience, Katie provides skilled representation and legal counsel to clients from pre-suit demand through trial, and to conclusion of any appeal. Katie’s primary areas of practice include insurance coverage, contract law, construction disputes, premises liability negligence, professional negligence, and attorneys’ fee disputes.

Katie has significant experience handling complex civil appeals, and has handled over 350 appeals, argued over 50 oral arguments, and obtained over 75 written decisions in Florida’s state and federal courts. At the trial level, Katie routinely acts as embedded litigation support counsel, offering strategic support to trial counsel, and handling all legal issues, dispositive motions, jury instructions, and pre- and post-trial motion practice.

As a former member and Vice-Chair of the Florida Bar Standing Committee on Civil Rules, Katie has a multilayered knowledge of Florida’s rules of procedure, and uses this to her advantage throughout her practice. Katie has also authored chapters for Florida’s Civil Practice Before Trial secondary source (14th edition), and is a frequent presenter on preservation of error, appellate procedure, and issues involving attorneys’ fees.

Katie received her law degree from the American University Washington College of Law and, post-graduation, served as a law clerk for the Honorable Vance E. Salter at the Third District Court of Appeal.

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.

Matthew Friedlander, Esq.
Founding Partner
Webb Daniel Friedlander LLP

Matthew Friedlander is an appellate litigator and founding partner of Webb Daniel Friedlander, LLP. He spent years honing his research, writing, negotiation, and trial skills at two international law firms, litigating a variety of complex, high stakes matters. Mr. Friedlander joined Laurie Webb Daniel to start Webb Daniel Friedlander, LLP as an appellate boutique to focus on the work he loves: motions, appeals, and strategic trial support.

While the focus of Mr. Friedlander’s practice is appellate advocacy in state and federal courts, he has experience representing a diverse array of clients in complex, high-value commercial and casualty disputes at all stages of the litigation process. This well-rounded litigation experience makes him a better appellate advocate.

Mr. Friedlander is a “lawyer’s lawyer.” Clients hire him before trial to provide a thorough analysis of all legal issues in the case and to draft complex discovery and dispositive motions. At trial, he works with trial counsel to preserve all potential appellate issues. This typically involves drafting and arguing motions in limine, making contemporaneous objections to improper testimony, documentary evidence, and arguments of counsel, drafting and arguing directed verdict motions, and guiding the court through the charge conference. After trial, he often drafts and argues post-trial motions and, of course, provides appellate representation by drafting appellate briefs and conducting oral argument before a panel of appellate judges.

Elliot Kula, Esq.
Principal Partner
Kula & Associates, P.A.

Elliot Kula practices exclusively as an appellate attorney. Board Certified by The Florida Bar in Appellate Practice, Elliot represents clients in state and federal appellate courts, in almost every substantive area, having participated in well over 1,000 appeals. He is proud to have served as president of the Miami Dade Trial Lawyers Association and the Third DCH Historical Society, and currently serves as a Trustee for the Florida Supreme Court Historical Society. Elliot left “big law” in 2011 to open the appellate boutique, Kula & Associates, P.A., where he works with his partners, Aaron Daniel and William Mueller, both Board Certified in Appellate Practice — brilliant in their craft and great people.

Leland H. Kynes, Esq.
Partner
Webb Daniel Friedlander LLP

Lee Kynes, a partner in the firm, is an appellate lawyer with significant experience in state and federal trial and appellate courts in Georgia, Florida, and throughout the U.S. He handles appeals in a wide variety of case types; he works as an “embedded” appellate lawyer on trial teams; and he drafts and argues dispositive and other high-stakes motions in trial courts. He approaches every case with creativity and analytical rigor and has top-notch brief writing and oral advocacy skills. He can take the most complicated concepts and distill them into a clear, credible, and compelling argument. He has experience in many substantive areas of the law, including personal injury and wrongful death, insurance coverage, civil rights, business disputes, probate, bid protests, employment, habeas corpus, and criminal cases.

Before joining Webb Daniel Friedlander, Mr. Kynes was a sole practitioner focused on appellate litigation for individuals and small businesses in Georgia. Prior to that he worked at an international law firm representing corporate clients alongside that firm’s Appellate Team leader, Laurie Webb Daniel, who now is a founding partner of WDF. Mr. Kynes started his career as a law clerk for the Honorable Charles R. Wilson on the Eleventh Circuit Court of Appeals.

Mr. Kynes is deeply committed to serving his community. Prior to law school he worked as a full-time AmeriCorps volunteer at Georgia Justice Project and then as a paralegal at Georgia Law Center for the Homeless. He has served on several non-profit boards in the legal services and education arenas. He recently served as Board Chair for Atlanta Neighborhood Charter School. Mr. Kynes has regularly represented pro bono clients who could not otherwise afford a lawyer.

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.

Alyssa M. Reiter, Esq.
Partner
Wicker Smith

Alyssa Reiter is a partner at the Wicker Smith Fort Lauderdale office where she focuses her practice primarily on handling appeals, litigation support, and insurance coverage matters.

In a career spanning over 30 years, Alyssa has handled over 100 appeals and is counsel of record in dozens of reported opinions. She has represented clients in a wide range of cases, including products liability, professional malpractice, commercial litigation, insurance coverage and bad faith, vehicular accident, premises liability, and aviation. She has argued cases in the Florida Supreme Court, the Illinois Supreme Court, the 11th Circuit and the 7th Circuit, and numerous appellate courts throughout not only Florida and Illinois but the entire United States.

After the first 10 years of her practice in Florida, Alyssa moved to Chicago, Illinois. There, she headed the appellate department of a prominent litigation firm for many years. She achieved leadership roles in the Appellate Lawyers Association, being one of the only members to be asked to serve on the Board of Directors for three different terms. Alyssa was selected by her peers as a Leading Lawyer and a Super Lawyer in the field of civil appeals. In 2015, Alyssa was ranked #6 in the state of Illinois for women civil appellate lawyers. Alyssa also has earned an AV rating from Martindale-Hubbell, the highest rating awarded by that organization.

Alyssa has been a speaker at numerous Continuing Legal Education seminars, primarily on legal writing. She co-authored a chapter of an Illinois Institute of Continuing Legal Education book on product liability. For several years she also was one of three civil appeals lawyers the Illinois State Bar Association selected to write summaries of Illinois Supreme Court opinions for an ISBA publication.

Alyssa earned her Bachelor of Arts degree, with honors, from the University of South Florida in 1984 and then earned her Juris Doctor degree from the University of Florida in 1987, graduating cum laude and Order of the Coif.

Fees

CLE Credit

FL CLE:  This program is Approved for 8.5 General CLE in Florida through 3/31/2026. This program is also approved for 8.5 Appellate Practice Certification CLE credits through 3/31/2026.

GA: This program is approved for 7.0 Total CLE Hours including 7.0 Trial Hours in Georgia.

CA General: This program is approved for 7.00 units of general CLE in California.

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for —- 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. Many attorneys ask for this and are approved in other states.