Jonathan Mann

October 21, 2024 | Daily Business Review

Climbing Over That Wall: Confronting the Challenge of Trial Court Discretion

It may seem like a trial court judge's ruling on an issue on which the judge has discretion means the absolute end of the inquiry. But while trial court discretion certainly presents a hurdle to a party seeking to challenge the decision on appeal, it is not always insurmountable.

By Jonathan Mann

6 minute read

July 30, 2024 | Daily Business Review

Mediation: It's Not Only for the Trial Court Anymore

Attorneys who regularly litigate civil and family cases in Florida's state courts will be familiar with mediation. Florida Rule of Civil Procedure 1.700(a) allows a presiding trial court judge to refer "all or any part of a contested civil matter to mediation or arbitration."

By Jonathan Mann

4 minute read

January 04, 2023 | Daily Business Review

Get Ready for a New Florida Court of Appeal: Florida's Sixth DCA Is Here

As of Jan. 1, Florida has a new district court of appeal. In June 2022, Gov. Ron DeSantis signed into law HB 7027 that created the new Sixth District Court of Appeal.

By Jonathan Mann

4 minute read

September 27, 2022 | Daily Business Review

Oral Argument: How, and Whether, to Request It in Fla. State Court Appeals

Oral argument in appeals is a topic on which Florida's appellate lawyers and judges often have their own unique views. This article reviews how a party requests oral argument in Florida state court appeals. It then briefly discusses some common considerations in deciding whether to request oral argument.

By Jonathan Mann

6 minute read

July 15, 2022 | Daily Business Review

Stare Decisis: Its Definition, Role and Exceptions

The operation of stare decisis in our judicial system has received some attention lately given the recent major decisions from the U.S. Supreme Court in which the court overturned long-standing precedent. It is helpful to understand what stare decisis is, how it operates, and what its limits are when we discuss its role in our legal system.

By Jonathan Mann

4 minute read

May 25, 2022 | Daily Business Review

Will My Canadian Prenuptial Agreement Apply in Fla.? Appeals Court Confirms 'Yes'

The case illustrates how a valid and freely-made prenuptial agreement entered in a foreign country is generally enforceable in Florida's courts when the spouses later get divorced in Florida.

By Jonathan Mann

5 minute read

March 22, 2022 | Daily Business Review

Six Critical Tips to Prepare Your Case for Appeal

The Florida Supreme Court recently issued an amendment to its administrative orders. The effect was to require presiding circuit court judges to evaluate pending civil cases and issue case management orders.

By Jonathan Mann

6 minute read

January 25, 2022 | Daily Business Review

New Appellate Rule on Punitive Damages Rulings Takes Effect April 1

The proposed change in question amended rule 9.130, which governs "Proceedings to Review Nonfinal and Specified Final Orders." The amendment allows a party to seek interlocutory review of a trial court ruling on whether a party may amend its complaint to assert a claim for punitive damages.

By Jonathan Mann

4 minute read

August 13, 2021 | Daily Business Review

Appellate Brief: Fla. Supreme Court Requires Implementation of Case Management Orders in Civil Cases

The amendment required each of the state's chief judges to issue an administrative order, applicable to each county within the judicial circuit, that would take effect on April 30.

By Jonathan Mann

4 minute read

April 19, 2021 | Daily Business Review

Appellate Brief: When Expert Testimony Is Required to Obtain an Award of Attorney Fees

Whether a party seeking an award of attorney fees needs an expert witness to testify in support of the reasonableness of the fees requested has been the subject of much discussion and many written legal opinions in Florida.

By Jonathan Mann

5 minute read

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