Florida Appellate AttorneyS - Alexander Appellate LaW

On June 1, 2024, Samuel Alexander became Board Certified in Appellate Practice by The Florida Bar. Appellate board certification is the Bar’s highest professional evaluation. It "recognizes attorneys’ special knowledge, skills and proficiency in [appellate] law,” as well as their “professionalism and ethics in practice.”

Kerry Evander has joined Alexander Appellate Law P.A. as Of Counsel, having retired from Florida's Fifth District Court of Appeal after sixteen years of service.

Kerry was Chief Judge of the Fifth District Court of Appeal from 2019 until 2021. He also served as a circuit court judge, as chief judge of the circuit court, and as a county court judge, for almost 34 years of service in Florida’s judicial branch. Before serving in the judiciary, Kerry practiced appellate, general civil, municipal, and construction litigation.

Another victory for a client. This week, in Allison v. Allison, 363 So. 3d 1129, 1130 (Fla. 2d DCA 2023), the Second District Court of Appeal ruled in our favor after we challenged a Tampa trial court’s imputation of income to our family law client in a post-dissolution modification proceeding.

This win has been a long time coming. In a published opinion, the U.S. Court of Appeals for the Eleventh Circuit just agreed with our arguments that there was a reasonable basis in the evidence for a federal jury to find that our Miami client, AM Grand, suffered $9.28 million in damages from Hurricane Irma, rejecting the insurance company’s argument that the verdict was speculative and excessive. AM Grand Court Lakes LLC v. Rockhill Ins. Co., 20-13954, 2023 WL 3813777, at *1 (11th Cir. June 5, 2023).

In Overture Realty, LLC v. City of Madeira Beach, 357 So. 3d 221 (Fla. 2d DCA 2023), uur client, Overture Realty, LLC, obtained a piece of property in the City of Madeira Beach. When the City of Madeira filed a foreclosure suit to collect on liens for an alleged failure to maintain the property, the City requested a summary foreclosure proceeding. But summary foreclosure is available only when a defendant refuses to defend against a suit. Here, Overture put on a strong defense. So summary foreclosure simply wasn’t available to the city.

Alexander Appellate Law P.A. shareholder Sam Alexander has been elected to the Executive Council of the Appellate Practice Section of the Florida Bar. The Appellate Practice Section is a 1500-member attorney organization “dedicated to promoting excellence in Florida’s state and federal appellate courts.” As a member of the Executive Council, Sam has been chosen by his appellate peers to supervise and control the affairs of the organization.

Alexander Appellate Law P.A. has won its clients another victory in the Fourth District Court of Appeal, in Comisar v. Heritage Prop. & Cas. Ins. Co., 344 So. 3d 46, 47 (Fla. 4th DCA 2022). After our Boca Raton clients’ insurance claim was denied by their insurance company, they sued requesting a “declaratory judgment,” which is a request that a trial court resolve a legal question at issue between two parties when it’s necessary to determine one party’s rights under a contract.

In the firm’s most recent victory, in Reese v. Mathis, 341 So. 3d 477 (Fla. 3d DCA 2022), the Third District Court of Appeal ruled in our favor, affirming a Miami trial court‘s denial of a defendant’s request for attorney’s fees under section 57.105, Florida Statutes, in a negligence action that the plaintiffs lost.

Another appellate victory for Alexander Appellate Law P.A.: Gesten v. Am. Strategic Ins. Corp., 339 So. 3d 1008, 1012 (Fla. 4th DCA 2022). After a tropical storm battered the insured’s home in Palm Beach County, they hired a public adjuster to help them handle their claim against their insurance company. But when the adjuster attempted to record the insurance company’s inspection of the home, the insurance company simply left.

Alexander Appellate Law P.A. has won another first-party insurance appeal, in Gooden v. People's Tr. Ins. Co., 47 Fla. L. Weekly D749 (Fla. 4th DCA Mar. 30, 2022). Our Fort Lauderdale client sued her home insurance provider for bad faith insurance practices, based on its refusal to negotiate with her during its repairs to her property. Among other things, she alleged that People’s Trust failed to communicate with her during the repair process, failed to discuss settlement options in good faith, and refused to consider her input on repairs to her own home.

Navigating a civil appeal in Florida can be overwhelming—especially when it involves financial obligations like a supersedeas bond. A supersedeas bond plays a pivotal role in the appellate process. It is often a critical tool for those seeking to appeal a judgment or stay its enforcement. However, supersedeas bonds are not simple. Understanding how these bonds work—knowing when they’re required, how to calculate the amount, and strategies for obtaining a stay of a judgment—is crucial for any party involved in any civil appeal.

Before the end of 2023, the Florida Supreme Court made one final change to the newly adopted Florida Rule of Appellate Procedure 9.130(a)(3)(H), a new rule that—in a medical malpractice action—permits immediate, interlocutory appeal of an order denying a motion to dismiss on the basis that the plaintiff’s corroborating expert witness is not qualified. As explained below, there are two main takeaways for practitioners in this area.

On December 21, 2023, the Florida Supreme Court made a few changes to the Florida Rules of Appellate Procedure. The amendments will become effectively January 1, 2024 (at 12:02 a.m., the court specified). Read to the end to figure out what crafty little trick is no longer available to appellate attorneys in Florida.

“How long does an appeal take?” The question isn’t easy to answer, because the appeals vary considerably. But in a “standard” civil appeal in Florida, we estimate the process generally takes between 10 and 15 months. Here’s a breakdown of the timeline.