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Issues on Appeal

Board Certified Appellate Specialist Duane Daiker interviews members of Florida's appellate community about timely and timeless issues of appellate practice and professionalism.
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Last Episode Date: 06/17/2024

Total Episodes: Not Available

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Episode 70: Appellate Bond Mistakes
17 June 2024
Episode 70: Appellate Bond Mistakes

My guest is Arturo Ayala (https://courtsurety.com/about-us/team/) the Vice-President of Court Surety Bond Agency (https://courtsurety.com/). Arturo and I discuss a recent article from CSBA, entitled: The Biggest Mistakes Made with Appeal Bonds (https://courtsurety.com/appeal-bonds/the-biggest-mistakes-made-with-appeal-bonds/). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Arturo Ayala.

19 min
Episode 69: The Evolution of the Appellate Practice Section
10 June 2024
Episode 69: The Evolution of the Appellate Practice Section

My guest is Appellate Specialist Sarah Lahlou-Amine (https://www.linkedin.com/in/sarahlahlouamine/), Director of the Law Firm Pro Bono Project (https://www.probonoinst.org/law-firm-pro-bono-project/) at the Pro Bono Institute (https://www.probonoinst.org/) in Washington, D.C. Sarah discusses the evolution of the Section, including its pro bono efforts with the Defending Best Interests program, the Self-Represented Litigant Handbook, diversity & inclusion efforts, the Fellows Program, and the impact of social media and post-COVID changes. The episode was created as part of the Section's Oral History Project to celebrate its 30th anniversary. For more information, check out the Appellate Practice Section's history page (https://www.flabarappellate.org/about/section-history/). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Sarah Lahlou-Amine.

29 min
Episode 68: Additional Briefing Requirements in the 6DCA
8 April 2024
Episode 68: Additional Briefing Requirements in the 6DCA

This week's guests are appellate specialists Jamie Moses (https://www.hklaw.com/jamie-moses/) of the Holland & Knight (http://www.hklaw.com) law firm in Orlando, and Chris Donovan of Donovan Appellate Law (https://www.flappellate.com/). We discuss Administrative Order 24-1 (https://6dca.flcourts.gov/content/download/2284721/file/AO%2024-01%20(final)%20signed%20in%20blue.pdf) of the Sixth District Court of Appeal (https://6dca.flcourts.gov/). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Facebook (https://www.facebook.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Chris Donovan and Jamie Moses.

40 min
Episode 67: Middle Years of the Appellate Practice Section
13 December 2023
Episode 67: Middle Years of the Appellate Practice Section

This week's guest is Matthew Conigliaro (https://www.carltonfields.com/team/c/matthew-j-conigliaro) from the Tampa office of Carlton Fields (https://www.carltonfields.com). Appellate Specialist Matt Conigliaro discusses the middle years of the Section, including the Section's finances, the growth of CLE as a source of Section income, the increase in judicial involvement, and the founding of ECAPI. The episode was created as part of the Section's Oral History Project to celebrate its 30th anniversary. For more information, check out the Appellate Practice Section's history page (https://www.flabarappellate.org/about/section-history/). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Matthew J. Conigliaro.

48 min
Episode 66: Growing Years of the Appellate Practice Section
21 November 2023
Episode 66: Growing Years of the Appellate Practice Section

My guest is Hala Sandridge (https://www.bipc.com/hala-sandridge) of the Buchanan (https://www.bipc.com/) law firm in Tampa. Hala Sandridge discusses the growing years of the Appellate Practice Section, including the retreats, the focus on appellate practice as a specialty, and the John R. Hamilton Pro Bono Award. The episode was created as part of the Section's Oral History Project to celebrate its 30th anniversary. For more information, check out the Appellate Practice Section's history page (https://www.flabarappellate.org/about/section-history/). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Hala Sandridge.

30 min
Episode 65: Early Years of the Appellate Practice Section
23 October 2023
Episode 65: Early Years of the Appellate Practice Section

My guest is Tom Hall (https://www.bishopmills.com/attorneys/tomhall/) of the Bishop & Mills (https://www.bishopmills.com/) law firm in Tallahassee. Tom Hall discusses the early years of the Section with an emphasis on the Pro Se Handbook and the Appellate Practice Workshop. The episode was created as part of the Section's Oral History Project to celebrate its 30th anniversary. For more information, check out the Appellate Practice Section's history page (https://www.flabarappellate.org/about/section-history/). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Tom Hall.

40 min
Episode 64: Founding of the Appellate Practice Section
13 July 2023
Episode 64: Founding of the Appellate Practice Section

My guest is appellate specialist and law professor Anthony ("Tony") Musto (https://www.stu.edu/law/faculty-staff/faculty/anthony-musto/) from the St. Thomas University School of Law (https://www.stu.edu/law/). Tony shares stories regarding the formation of the Section and its earliest days. Interestingly, much of what the Section is today dates back to the very begining. The episode was created as part of the Section's Oral History Project to celebrate its 30th anniversary. For more information, check out the Appellate Practice Section's history page (https://www.flabarappellate.org/about/section-history/). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Anthony ("Tony") Musto.

31 min
Episode 63: Can I Hear You Now?
27 March 2023
Episode 63: Can I Hear You Now?

Approximately 15% of American adults (https://www.nidcd.nih.gov/health/statistics/quick-statistics-hearing) (37.5 million) aged 18 and over report some trouble hearing. The evidence is clear that early identification and diagnosis leads to better outcomes. There are many places that you can do an initial online hearing screening (https://www.phonak.com/hearingtest/29dfj0/welcome?Brand=Phonak&Country=US&Language=EN) for free, but if you have any doubt, see an ENT doctor, an audiologist, or a hearing aid specialist. If you are an appellate lawyer dealing with hearing loss, let me know about your experience. Special thanks to Kelley Hoffman for voiceover work on this episode. The oral argument was a simulation of ... kind of ... what it sounded like to me, but it's very hard to replicate what I hear. And in case you were wondering, the OA still went well, and my client did prevail on the appeal. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes.

6 min
Episode 62: What Might the Sixth Do?
10 November 2022
Episode 62: What Might the Sixth Do?

My guest is Tom Hall (https://www.bishopmills.com/attorneys/tomhall/) of the Bishop & Mills (https://www.bishopmills.com/) law firm in Tallahassee. Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc) was the opinion adopting as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981 in the new Elevent Circuit. History and creation (https://www.5dca.org/About-the-Court/Court-History) of the Fifth DCA. Opinion (https://www.floridasupremecourt.org/content/download/811045/opinion/sc21-1543.pdf) creating the new Sixth DCA. Sixth DCA (https://www.flcourts.org/6DCA) official website. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Tom Hall.

24 min
Episode 61: Effective Immediately!
2 September 2022
Episode 61: Effective Immediately!

This week's guest is Dineen Wasylik (https://ip-appeals.com/attorney-profile-dineen-pashoukos-wasylik/) of the DPW Legal (https://ip-appeals.com) law firm in Wesley Chapel, Florida. Dineen is the founder of the Florida Appellate Procedure Blog (https://floridaappellate.com). The Florida Supreme Court, on its own motion, amended Rules 1.530 and 12.530 to require, effective immediately, that “To preserve for appeal a challenge to the sufficiency of a trial court’s findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule.” This represents a significant change in some appellate districts. Read Dineen's blog post (https://floridaappellate.com/2022/08/30/rule-change-rehearing-required-to-preserve-challenge-to-sufficiency-of-trial-court-findings/) on this issue. See also, Engle v. Engle, 277 So. 3d 697 (Fla. 2d DCA 2019) (https://casetext.com/case/engle-v-engle-9), discussed in the episode. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Dineen Wasylik.

19 min
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