The Brownlee Law Firm Blog

Insufficient Findings? Speak Now (In A Motion For Rehearing) Or Forever Hold Your Peace (On Appeal)

Effective immediately, the Florida Supreme Court recently amended Rule 1.530 of the Florida Rules of Civil Procedure and Florida Family Law Rule of Procedure 12.530 to add a requirement that in order to preserve an argument on appeal that the trial court’s findings were insufficient, you must addres [...] Read More linkArrow

Filing A Petition For Writ Of Certiorari & Brief Of Amicus Curiae To The United States Supreme Court – Part 2 Of 2

Filing A Petition For Writ Of Certiorari & Brief Of Amicus Curiae To The United States Supreme Court – Part 2 Of 2 As explained in Part One of this two-part blog article posting, I was asked to conduct research on the steps to file a petition for writ of certiorari and a brief of amicus curiae in the United States Supreme Court (USSC). Read More linkArrow

Filing A Petition For Writ Of Certiorari & Brief Of Amicus Curiae To The United States Supreme Court – Part 1 Of 2

Filing A Petition For Writ Of Certiorari & Brief Of Amicus Curiae To The United States Supreme Court – Part 1 Of 2 I was recently asked by a fellow attorney to research how to file a petition for writ of certiorari and a brief of amicus curiae in the United States Supreme Court (USSC). This is the first of two articles that will address, in limited scope, filing:¹ Read More linkArrow

Michael Brownlee Presents Oral Argument To The Florida Supreme Court

Michael Brownlee Presents Oral Argument To The Florida Supreme Court On March 6, 2019, Michael (Mike) Brownlee of The Brownlee Law Firm had the honor of presenting oral argument to the Florida Supreme Court in case number SC18-674. Because the case involves children and an adoption proceeding, the Florida Supreme Court ordered that the briefing in the case be sealed. Read More linkArrow

Florida Supreme Court Amends Rules Of Appellate Procedure To Change Briefing Deadlines

Florida Supreme Court Amends Rules Of Appellate Procedure To Change Briefing Deadlines Effective January 1, 2019! On October 25, 2018, the Florida Supreme Court issued an order adopting proposed amendments to the Florida Rules of Appellate Procedure. The aspect of the order that will have the biggest impact on the appellate process in Florida is the change to the briefing deadlines fo [...] Read More linkArrow

Subjective Entrapment, Hearsay Testimony, And The Confrontation Clause

Subjective Entrapment, Hearsay Testimony, And The Confrontation Clause Subjective Entrapment – Legal Framework There are two types of entrapment in Florida: subjective entrapment and objective entrapment. To determine whether a defendant has a viable objective entrapment defense, courts look solely to the conduct of law enforcement and assess whether the conduct was so [...] Read More linkArrow

Board-Certified Appellate Specialist Michael Brownlee To Speak At The Christian Legal Society National Conference

Board-Certified Appellate Specialist Michael Brownlee To Speak At The Christian Legal Society National Conference Orlando-based appellate attorney Michael Brownlee has been selected to speak at the 2018 Christian Legal Society National Conference. This year’s theme is “Being Faithful: Advocating for Justice, Mercy, and Truth.” The conference will be held October 11-14 in Clearwater Beach, Florida. Mr. Brownlee [...] Read More linkArrow

Imputing Income For Child Support In Florida

Federal Sentencing And The Armed Career Criminal Act (ACCA) Florida’s child support statute should be amended to give courts discretion not to impute income to a parent who leaves a high-paying job for a lower-paying job when the change is in the child’s best interests. Read More linkArrow

Does The State Need A Certificate Of Appealability To Appeal A Habeas Judgement?

Does The State Need A Certificate Of Appealability To Appeal A Habeas Judgement? Anyone who’s handled a habeas appeal in the federal court system knows you have to obtain a certificate of appealability before appealing a district court’s denial of habeas relief. If the district court denies the request for a certificate of appealability, you have to ask the federal appellate cou [...] Read More linkArrow

Should Your Trial Lawyer Handle Your Appeal?

Should Your Trial Lawyer Handle Your Appeal? So, you’ve been through a difficult trial and now it’s up on appeal. Or maybe you were bounced out of the trial court via summary judgment or on a motion to dismiss. Perhaps you won in the trial court and the other side has appealed. Read More linkArrow