Ana E. Lazo

Attention Appellate Lawyers. You know about "expressed and direct conflict jurisdiction," and how it can be a vehicle for the Florida Supreme Court to accept a case under its discretionary review authority, right? Of course you do. But what about "misapplication jurisdiction"? 🤔 Is it a thing? Does discretionary jurisdiction lie when a district court’s decision relies "on an inapplicable case or appl[ies] precedent to different facts"? Stated differently, can the FSC accept a case "when a [district] court relies on a decision that involves a situation materially at variance with the one under review”? The answer used to be yes. 🛑 But not anymore. 🛑 In Askew v. DCF, issued yesterday, the Court held that "'misapplication jurisdiction' is beyond the scope of our conflict jurisdiction under article V, section 3(b)(3) of the Florida Constitution. The Court explained that "m]isplaced reliance on a prior decision does not mean that the two decisions will always 'directly' conflict or reach different holdings based on 'the same question of law.'" (Quoting art. V, § 3(b)(3), Fla. Const.) The decision was 7-0, but Justice Labarga concurred only in the result. The opinion deserves a read because it is the latest pronouncement by the Court on expressed and direct conflict jurisdiction, which as most lawyers know, is a very difficult standard to meet. In sum, "[e]xpress and direct conflict is a strict standard that requires either the announcement of a conflicting rule of law or the application of a rule of law in a manner that results in a conflicting outcome despite substantially the same controlling facts." (Internal quotations marks and citation omitted). And the Court does "not have jurisdiction to review a case without first finding that it directly and expressly conflicts with another decision." Govern yourselves according. 😃

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Family law #mediation, a confidential process preceding court hearings, empowers parties to reach agreements, yet challenges may arise. #FamilyLaw attorney and Florida Supreme Court Family Law Certified Mediator Crystal Buit discusses why family law mediations can “go wrong” and ways to avoid common pitfalls.

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Is My Case Worth Pursuing? If you suspect that you may have a legal claim, you should contact the Fort Lauderdale personal injury attorneys at the Florida Injury Law Group for a free evaluation of your case. Our lawyers are experienced with cases like yours, and can tell you at the outset whether it is worthwhile to pursue legal action. If you are unlikely to win, our attorneys will tell you so—and help you avoid the time and expense of pursuing an unpromising claim. https://ow.ly/mFNp50RPRGc #personalinjuryattorney #personalinjuryclaim #ftlauderdale

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On June 27, 2024, the United States Court of Appeals for the Fourth Circuit affirmed a Maryland district court judgment that confirmed arbitral awards issued in favor of Seiden Law’s client, the Estate of Ke Zhengguang. The case has been discussed on Law360 and Bloomberg Law; articles on the case can be found in the link after the jump. The underlying arbitration concerned a complex dispute related to real property in mainland China, which culminated in an arbitration before the Hong Kong International Arbitration Centre (HKIAC).   Between 2018 and 2020, the HKIAC issued a series of awards.  The Estate filed a petition to confirm the awards in a Maryland district court against one of the arbitral respondents, Stephany Yu, who lives in Maryland.  In January 2023, the district court confirmed the awards and issued a $4 million judgment in favor of the Estate. The Fourth Circuit’s unanimous twenty-three-page decision addresses important questions related to the enforcement of international arbitral awards in the United States, including the availability of a forum non conveniens defense under the New York Convention, and whether arbitral awards that are denominated in a foreign currency can be converted into US dollar judgments.  The Fourth Circuit held that a forum non conveniens defense was inapplicable under the facts of this case, even if such a defense is available under the Convention. The Fourth Circuit also held that it was reasonable for the district court to enter judgment in US dollars, notwithstanding that the arbitral panel’s merits award was denominated in Chinese Renminbi (RMB). Seiden Law partner and litigation chair Amiad Kushner argued the appeal. Senior counsel Jennifer Blecher and Senior Associate Xintong Zhang were on the brief. Paralegal Lily Dempsey provided invaluable assistance. https://lnkd.in/eNQPgVax https://lnkd.in/eFD4zniu

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May 2024 lateral move data for Florida*:   There were 119 lateral moves by Florida attorneys in May 2024, with litigation leading the way (as it has every month this year).   The 119 moves were the fewest for the month of May since 2020:   • May 2023 (179) • May 2022 (203) • May 2021 (183) • May 2020 (100)   The top 5 practice areas for lateral moves were:   • Litigation (64) • Insurance (19) • Real Estate (11) • Corporate (6) • Labor & Employment (6)   Moves by title: • Associates (71) • Partners (29) • Counsel (13) • Other (6) The most moves by class year were:   • 2018 (14) • 2016 (10) • 2020 and 2022 (8) • 2017 (7)   The firms that hired the most attorneys were:   • Cole Scott Kissane (5) • Goldberg Segalla (5) • Lewis Brisbois (5) • Luks Santaniello (4) • Shook Hardy (4) • Wicker Smith (4) • Hamilton Miller Birthisel (3) • Kirkland & Ellis (3) • Lydecker (3) • Nelson Mullins (3) • Shutts & Bowen (3)   And the firms that lost the most attorneys were:   • Cole Scott Kissane (5) • Carlton Fields (4) • Butler Weihmuller (3) • Rissman (3) • Vernis & Bowling (3) • Wicker Smith (3)   Message or call me if you have any questions about the data.   *Data from Firm Prospects, LLC   𝗕𝗲 𝗨𝗻𝗰𝗼𝗺𝗺𝗼𝗻ᵀᴹ   ---------------------------------- For insights into the legal industry, FL legal market, and mindset, click the 🔔 or follow me at Brian M. Moskowitz. #BeUncommon #TKGFloridaLateralMoves

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We believe the knowledge is power. Great job Steve Westbay offering your Florida legal market knowledge to help your candidate make the best decision for his career! #whatsmylegacy #lawjobs #legaljobs #attorneyjobs #paralegaljobs #triallawyer #litigation #recruiting #recruitment #legalrecruitment #legalstaffing #staffing #hiring #FLbar #legalrecruiting

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One of the critical aspects of Divorce that requires clarity is understanding Alimony. At The Marks Law Firm, P.A., we specialize in Family Law and Divorce cases, and are here to shed light on this important topic.

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🚨 Verdict Alert 🚨 --> Pensacola-Hub Partner, Tricia Payne secured a summary judgment for our client, leveraging extensive discovery efforts to demonstrate that an obstacle was open and obvious, thus not constituting an inherently dangerous condition under Florida law, ultimately winning against the initial claim and the appeal. At QPWB, we not only represent the truth, but we advocate for it, always ready to challenge and diligently pursue justice. Tricia's proven determination and ability to navigate and succeed in complex legal battles showcase her experience in premise liability. She not only exposes and challenges biases within the legal system but also ensures a just outcome despite initial obstacles, making a meaningful difference in favor of our clients and setting a precedent that protects their pursuit of justice. Read the full posting on our site to discover how the QPWB difference can significantly impact complex cases in premise liability and beyond. Read the Full Verdict Alert Here: https://lnkd.in/ebaGfQ6q Learn more about Tricia here: https://lnkd.in/ge48wtzJ #QPWBdifferent #QPWBattorney #LegalVictory #AppealVerdict #JuryVerdict #LegalInnovation

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The Florida Bar has is responsible for investigating attorney misconduct. Between 2021 and 2024, the Bar has developed new rules which emphasize stricter oversight and swifter action on judicial referrals of lawyer misconduct, ensuring complaints receive prompt attention. Enhanced disciplinary measures now include potential emergency suspensions for serious violations, such as felony convictions or financial misconduct, to protect the public. Attorneys facing disciplinary action may experience disbarment, suspension, public reprimands, probation, and other measures tailored to the severity of the misconduct. The aim is to uphold the integrity and professionalism of legal practice in Florida. Read more here to stay informed about these changes to understand your rights and responsibilities within the legal profession. https://1l.ink/ZH63HB8 #floridabar #attorneymisconduct

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"The judicial branch of government, headed by the Florida Supreme Court, is responsible for implementing and enforcing the rules that regulate the professional conduct of lawyers. The Florida Bar, as an arm of the court, is responsible for investigating and prosecuting lawyers who are alleged to have violated the rules of professional conduct, and the court ultimately determines what discipline is warranted when rule violations have been established." If you've ever wondered about Florida's discipline system for lawyers, or if you need a refresher on the process, check out this comprehensive article in The Florida Bar Journal.

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Litigators: Are you considering a motion to disqualify a Florida trial judge? Do you need assistance with challenging an order denying your motion? Check out my article in the Broward County Bar Association's Barrister magazine: If You Come at the King You Best Not Miss. I provide a comprehensive analysis of what Florida rule 2.330 (disqualification of trial judges) requires and explain what litigators should do to improve the chances that a motion to DQ will be granted. I also discuss appellate review from the denial of a motion. Questions? Need assistance with your motion or petition for a writ of prohibition? Contact me at rscavone@floridaappeals.com. #litigators #lawyers #attorneys

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In Florida, attorney fees incurred during the course of litigation are only recoverable from the other party if specifically allowed by contract or statute. Often, contracts will have a provision regarding entitlement to attorney’s fees which states that the prevailing party in any future litigation related to the contract is permitted to recover attorney’s fees from the other party. Read our blog to find out how to get entitlement to attorney's fees > https://bit.ly/3XHXMqY #KassShulerLawFirm #AttorneysFees #TampaLawFirm

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From #Prenups to the cost of #Divorce, here’s our take on the FAQs we get at The Florida Probate & Family Law Firm. ⚖️ #MiamiAttorneys #MiamiLawFirm #MiamiLawyers #Lawyering

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"⚖️ Legal matters are complex—don't navigate them alone! ⚖️ Whether you're facing a personal injury, wrongful death, or criminal case, having expert guidance is crucial. Enter Attorney Michael C. George, Esq., a seasoned professional with 21 years of dedicated service across Florida. His wealth of experience ensures your case is in the best hands possible. Take the first step towards resolution—call today to schedule your Free Case Review! 📞800-787-6445 . #LegalAdvice #ExpertLawyer #FloridaAttorney #FreeConsultation"

The Supreme Court of Florida recently released opinions implementing critical changes to the Florida Rules of Civil Procedure. Generally, these changes relate to many aspects of case management, such as scheduling, pleadings, and discovery. In today's Briefing, Ella Edwards and Job Fickett take a deeper look at how one of these changes will have a particularly significant impact on defendants and how they must assert affirmative defenses. Learn more at https://bit.ly/4eG6rTy. #TaylorDayLaw #WhenItMatters #FloridaSupremeCourt #CivilProcedures

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