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Preserving Your Record on Appeal (WEB) (FL)
Audio program! (check our CLE Programs page for live versions)
This innovative appellate seminar was developed by two former Florida Appellate judges who are now in private practice and focuses on preservation of error during trial court proceedings to ensure issues are properly preserved for appeal. The course will be taught by Hon. Gerald Cope Jr. (Ret.).
Take a look at their detailed agenda. You’ll learn everything you need to know about how to preserve your record on appeal, how to deal with potential issues, critical mistakes not to make and how to go about your appeal. And you’ll learn it all from the bench’s perspective – which doesn’t get any better.
This program was recorded in 2017.
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What You Will Learn
The Concept of Preservation
- Inside the Judicial Mind
- Organizing Principles
- A (Limited) Safety Net–Fundamental Error
- Types of Error
- The Pleadings
- Non-final appeals
- Summary Judgment
- Effect if Denied
- Effect if granted as to less than all of the parties
- Partial summary judgment—interlocutory
- Daubert Motions
- Motions in limine
- Order definitively admitting, or excluding, evidence
- Effect if granted
- Effect if denied or ruling is reserved
- Jury Selection
- Challenges for cause
- Peremptory challenges
- Claim of racial, ethnic, gender, or other bias
- Motions for reconsideration of interlocutory ruling
- As distinguished from motion for rehearing
- Jury instructions
- Submitting instructions
- Are standard jury instructions required to be used?
- Evidentiary objections
- When must you request a curative instruction or mistrial
- When and how must you make a proffer
- What is, and is not, a speaking objection
- Request for sidebar conference
- Effect if denied
- Making record if exhibits are excluded
- Making record when witness refers to an exhibit
- Motion for directed verdict
- When made
- Effect if denied or not granted
- Motion for involuntary dismissal in bench trial
- When made
- Closing argument
- What if combination of objected-to and non-objected to closing argument
- When interrogatory verdict is needed
- Two issue rule
- Inconsistent verdict
- When must you object
- Distinguished from inadequate or excessive verdict
- When interrogatory verdict is needed
- Time for motion for new trial or rehearing
- Time for motion to alter or amend judgment
- Motion for remittitur
- Does motion need to specify amount?
- Where motion for directed verdict was denied
- Must renew motion with post-trial motion in a jury case
- In nonjury case, appellant may raise on appeal the sufficiency of the evidence even if:
- No objection at trial
- No post-judgment motion was made
- What is an appealable order
- Notice of appeal
- What to attach
- Where to file
- What if filed in wrong court
- Does filing a notice of appeal abandon any pending post-trial motions?
- Concurrent jurisdiction
- Retained by trial court on certain issues
“Very good and valuable seminar. Excellent faculty! Excellent program. The course was well-structured and concise. Well worth the time!” – William Gray, Esq.
“The webinar met my needs and personal objectives. This was a very good program. It hit on the topics I had hoped the speakers would discuss.” – David Persky, Esq.
“I will do business with you again. I get bombarded by seminar offerings, and I recognize some speakers whom I find less than acceptable, shall we say? Your two presenters were great.” – Gerald Pierce, Esq.
“Judge Cope is a great lawyer and a great appellate judge.” – Susan Spurgeon, Esq.
“Great content and knowledge.” – Ed Foster, Esq.
“The information was concise and well-organized…The handout provides great information as to how lawyers are to navigate the case procedurally to preserve issues for appeal. Great organization and very useful presentation.”
“Thank you. Great seminar. Fabulous speakers. Well-presented. Excellent supplementary material.”
Hon. Gerald B. Cope, Jr. (Ret.)
Former Chief Judge, Florida’s Third District Court of Appeal
A former Chief Judge of Florida’s Third District Court of Appeal and member of the court for 22 years, Gerald Cope is the co-chair of Akerman’s Appellate Practice. He represents clients in appellate litigation at the state and federal levels. Ranked by Chambers USA, peers say “He’s superb and doing great work.” He is a founding member of Akerman Bench, an innovative practice including former appellate and trial court judges providing the perspective of both sides of the bench. He conducts practice oral arguments for attorneys appearing in state and federal appellate courts, serves as a consultant on appeals, and provides support to trial counsel.
Mr. Cope serves as an arbitrator in cases administered by AAA and its international division, ICDR, where he has been appointed in commercial and maritime matters. He was recognized by the Business Law Section of The Florida Bar for his contributions toward the 2013 enactment of the Revised Uniform Arbitration Act in Florida. As a member of the Court of Appeal, he participated in approximately 60 appeals involving arbitrability of disputes, interpretation of arbitration clauses, proceedings to enforce or vacate awards, and comparable proceedings involving appraisal clauses in insurance contracts.
He has served as an adjunct professor teaching federal and Florida arbitration at the University of Miami School of Law. He is a member of the Executive Council of the Florida Bar’s International Law Section and Real Property, Probate and Trust Law Section. Mr. Cope also serves as a special master and as a mediator.
Lorayne Perez, Esq.
Lorayne Perez represents clients in commercial litigation and appellate matters, including in the areas of business torts, breach of contract, real estate litigation, trust and estates, labor and employment, professional malpractice, and arbitration agreements.
The course materials were created by former justices Hon. Gerald Cope, Jr., Hon. William Van Nortwick, Jr., and Lorayne Perez.
Due to unforeseen circumstances, Justice Van Nortwick was unable to speak.
Hon. William A. Van Nortwick, Jr. (Ret.)
Partner, Former Judge, First District Court of Appeal
William "Bill" Van Nortwick is a partner in the firm’s Jacksonville office. He previously served as a judge for the First District Court of Appeal for more than 20 years. Bill is chair of The Florida Bar’s Business Law Section and focuses his practice on complex civil and administrative appellate matters.
Bill also serves as partner-in-charge of Akerman’s pro bono program where he will continue to expand the firm’s philanthropic efforts within the areas of education and youth development. Bill is the immediate past chair of The Florida Bar Standing Committee on Pro Bono Legal Services, a member of the Florida Commission on Access to Civil Justice established by the Florida Chief Justice, and a former president of the boards of directors for Jacksonville Area Legal Aid, Florida Legal Services, and The Florida Bar Foundation. He is the recipient of the inaugural Florida Chief Justice’s Distinguished Judicial Service Award and the American Bar Association Pro Bono Publico Award.
Audio Recording & Materials Package – CD or Download: $169
For CDs please add $7.50 shipping and, in CA, sales tax.
CA General: This program is approved for 1.5 units of general CLE in California.
CA Certified Legal Specialist: This program is approved for 1.5 units of Certified Legal Specialist CLE in California for Appellate Law.
FL: This program is approved for 2.0 units of general CLE in Florida through July 30, 2018.
FL Board Certified Units: This program is approved for 2.0 Board Certified units in Appellate Practice through July 30, 2018.
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.
Terms and Policies
Recording policy: No audio or video recording of any program is permitted.
Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.
Substitutions may be made at any time.
Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available. Conversions to CD require a $7.50 shipping fee, and in CA, 9% sales tax.
Downloads/CDs/DVDs – Refund policy:
Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.
Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.