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After two decades of litigating in Florida, the author passed the New Zealand Bar examination, migrated to its capital, Wellington, and for three years practiced exclusively in the highest Court there – the Court of Appeal. Those years were especially exciting, for during... Read More →

TIPS FOR TRIAL LAWYERS: A Technique to Pinpoint the Appellate Issue: by Michael Winer, Esq. Last month, you learned how important precisely defining the appellate issue is to your chances of victory. Truly, it can mean the difference between winning and losing. But how do you do... Read More →

If you have read my prior articles, you should understand the importance of pinpointing the appellate issue and have seen a technique to hone the issue down. Now, I share with you some observations I have made over the years about appellate issues. It is often a good idea to... Read More →

Barristers of New Zealand – take note! The threat of your former clients suing you for professional negligence will most likely add another dimension to your practice. Now, as you charge up the hill sword in hand to protect your clients’ rights, you will have to make... Read More →

Some of my articles have come from private suggestions from the members of the judiciary. Often, they see lawyers fall into traps, but are ethically bound from drawing their attention to it. This article expresses one of our of our most distinguished judge’s concerns. Many... Read More →

In Florida, a judgment is final only where nothing remains to be done to fully effectuate termination of the cause between the parties directly effected, except enforcement by execution or otherwise. GEICO Financial Services v. Kramer, 575 So.2d 1345 (Fla. 4th DCA 1991). It may... Read More →

Under Rule 1.420 (a), Fla.R.Civ.Pro., a party has an absolute right to voluntarily dismiss its case without a court order only in two circumstances: by serving a notice of voluntary dismissal, either before trial (anytime before a hearing on a motion for summary judgment, or... Read More →

Since the beginning of the case, you have advised your clients: “Don’t worry, if we win, the opposing party will have to pay your costs and (if applicable) attorneys fees”. Sound familiar? You have based this advise either on a statute, rule, or contract. Or,... Read More →