CIVILITY AND CORDIALITY: Limits on Zealous Advocacy?
Published in the Palm Beach County Bar Association Bulletin | April 2023 By Jennifer S. Carroll Do civility and cordiality limit zealous advocacy? All too often, in practice, civility, cordiality, and respect simply do not exist. Civility is replaced by rudeness, hostility, and disrespect for opposing counsel, the opposing party, and even for the court. Many believe … Read More
Section 57.105: A New “Fee Shifting” Statute?
ORIGINALLY WRITTEN FOR PALM COUNTY BAR ASSOCIATION BAR BULLETIN By Jennifer S. Carroll We are all familiar with the “American rule” on legal fees: generally, a court can only award attorneys’ fees to a party when such fees are “expressly provided for by statute, rule, or contract.” In most cases, litigants are responsible for paying … Read More
Florida Appellate Lawyer
At trial, an attorney’s major objective is to persuade the fact-finder—typically a panel of lay jurors—that credibility lies on the side of his or her client’s witnesses, and the evidence, although controverted, favors his or her client. Trial lawyers ascertain the factual strengths and weaknesses of both sides of their cases, and then sift, select, … Read More
What is the status of prenuptial agreements in the appellate courts today?
When you’re dealing with divorce actions and dissolution of marriage cases, appellate courts review trial courts’ ruling on attorneys fees under a very tough abuse of discretion standard. The question will be: Did the judge abuse his or her discretion in awarding one spouse fees or denying one spouse fees? In some instances, the appellate … Read More
Contact an Appeals Specialist in Palm Beach County
Appeals Specialist in Palm Beach County You will never be able to truly determine the outcome during a trial. Having an experienced and knowledgeable legal advocate on your side, however, can help you to ultimately achieve your goals. At The Law Offices of Jennifer S. Carroll, P.A., an appeals specialist in Palm Beach County can help … Read More
See an Appeals Specialist in West Palm Beach
You Need an Experienced Appeals Specialist in West Palm Beach on Your Side Whenever an order, judgment, or verdict is reached during a case, emotions run high, and a great deal of uncertainty still exists for all parties. If you happen to lose your case, you still have options. If you won your case, are … Read More
Land Mine #10: Motion for New Trial
Land Mine #10: Motion for New Trial A motion for new trial and order entered thereon is a prerequisite to challenging the sufficiency (manifest weight) of the evidence on appeal. The same rule exists for challenging the inadequacy or excessiveness of the verdict. Merely alleging in a motion for a new trial that the verdict … Read More
Land Mine #9: Jury Verdict
Land Mine #9: Jury Verdict To preserve for appellate purposes any error created by the receipt of an internally inconsistent verdict, an objection must be made before the jury is discharged. Inadequate verdicts are challenged by motion for new trial. A major land mine regarding jury verdicts is the two-issue rule. That rule provides: “[W]here … Read More
Land Mine #8: Jury Instructions
Land Mine #8: Jury Instructions Fla. R. Civ. P. 1.470(b) mandates that no party may claim the giving of a jury instruction as error unless that party objects thereto at the charge conference, or the failure to give any instruction unless that party requested the same. Any objection to a jury charge must be timely … Read More
Land Mine #7: Misconduct of Counsel
Land Mine #7: Misconduct of Counsel Challenging attorney misconduct requires close attention to specific procedures. When a party objects to attorney misconduct during trial, including improper argument, and the objection is sustained, the party must also timely move for a mistrial or request a curative instruction in order to preserve the issue for a trial … Read More