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Appellate

In appellate cases full of unique complexities and previous unfavorable outcomes, clients are looking for trusted advocates in dispute resolution.

For a quarter century, Butler’s involvement in precedent-setting cases has contributed to changing the Florida law in the areas of first-party property coverage, third-party property coverage, and extra-contractual liability. Our appellate specialists handle appeals and special writs in all of the federal Circuit Courts of Appeals. With multiple Board Certified Appellate attorneys on our team, our experts approach each matter with a sharp focus and sophisticated legal analysis.

Let us steer you through each stage of litigation by:

  • Supporting trial counsel with dispositive motions in state and federal courts;
  • Preparing extraordinary writs of certiorari, mandamus, and prohibition in the state courts;
  • Collaborating with clients and trial counsel pretrial on discovery, expert, and limine motions; to promote best trial outcomes;
  • Drafting post-trial motions, supersedeas bonds, stays;
  • Advising on settlement options, and working towards mediated resolutions before and after the appeal is commenced.

Positioning you for success

We understand the importance of early involvement, whether on appeal or at trial, to ensure a strong victory. Once an appealable order or a notice of appeal is filed by the adverse party, we take action and respond proactively. Together with our client and the trial counsel, we discuss and identify the unique issues of your case to design an optimal strategy to reach favorable results. Preserving our client and putting them in the best position takes precedence in everything we do.

Events | When I Got to Say Somethin’, I’ll Say It: Using Appellate Counsel Strategically

February 29, 2024 | By Mihaela Cabulea

Join us at the 3rd Annual Southeastern Women Litigators Conference on February 29, 2024, in Nashville, TN, for an electrifying discussion on the vital role…

Blog Posts, News | Third District Court of Appeal Joins Debate Over Retroactive Application of Florida Statute 627.70152’s Presuit Notice Provision

Feb 21, 2024 | By Justine Roof, Vincent Fernandez

On February 14, 2024, Florida’s Third District Court of Appeal, in Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd’s London, No. 3D22-0917…

News | Partner Carol Rooney on the ABA Council of Appellate Lawyers Executive Board

November 7, 2023 | By Carol Rooney

We are proud to announce that Tampa Partner Carol Rooney now serves on the ABA Council of Appellate Lawyers’ Executive Board following a nomination and…

Events, Webinars | The Most Common Error Preservation Issues During Trial

October 13, 2023 | By Mihaela Cabulea

Join Tampa Partner Mihaela Cabulea in this discussion on the most common error preservation issues that arise in Florida cases. This presentation aims to provide…

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Events | Ethically and Persuasively Advocating before Trial and Appellate Judges

August 18, 2023 | By Matthew Lavisky

Join Partner Matt Lavisky and co-panelists Judge Suzanne Labrit and Judge William Matthewman as they present on a panel for the Florida Defense Lawyers Association…

Events | The Anatomy of a Trial – Evidentiary Issues at Trial: Trial and Appellate Perspectives

June 16, 2023 | By Mihaela Cabulea

Join Tampa Partner Mihaela Cabulea and co-presenter Amber Inman (Ramey & Kampf) as they present for the FDLA’s 2023 Florida Liability Claims Conference in Lake…

Blog Posts | Effective immediately: Florida Rule of Civil Procedure 1.530(a) applies to certain non-final orders

May 08, 2023 | By Mihaela Cabulea

Most trial lawyers tend to use reconsideration and rehearing interchangeably. But until recently they served very different purposes. Motions for rehearing filed pursuant to Florida…

Blog Posts | A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement

May 03, 2023 | By Shaheen Nouri, Vincent Fernandez

The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the…

News | Carol Rooney appointed the Chair-Elect for the ABA -TIPS APPELLATE ADVOCACY COMMITTEE

May 02, 2023 | By Carol Rooney

Join us in congratulating Tampa Partner Carol Rooney for being appointed the Chair-Elect, 2023-2024 for the ABA – Tort, Trial and Insurance Practice Section (TIPS)…

Blog Posts | Effective immediately: jury requests to review testimony in civil cases is governed by Florida Rule of Civil Procedure 1.453

Mar 31, 2023 | By Mihaela Cabulea

Previously, the Second District Court of Appeal extended to civil cases the holding in Hazuri v. State, 91 So. 3d 836 (Fla. 2012), a criminal…

Publications/ Whitepapers | A Supreme Court Preview

Mar 06, 2023 | By Carol Rooney

This article is originally authored by Carol Rooney as a publication of ABA, Winter 2023. Legal opinions may vary when based on subtle factual differences….

Blog Posts | Deal or No Deal: The Florida Supreme Court clarifies what it takes for an offer of judgment to be deemed accepted

Nov 10, 2022 | By Mihaela Cabulea

Recently, the Florida Supreme Court resolved an interdistrict conflict between the decision of the Second District Court of Appeal in Suarez Trucking FL Corp. v….

Blog Posts | Florida Federal District Court: Florida Law Governs Property Insurance Disputes Involving Florida Real Property Owned by Florida Citizens

Oct 13, 2022 | By Adam Topel

Bucking a general consensus that had emerged over the last decade, a South Florida federal district court ruled recently that Florida law would govern a…

Events | Today’s Technology in Appellate Practice

Oct 05, 2022 | By Mihaela Cabulea

Join Partner Mihaela Cabulea for a panel discussion on Today’s Technology in Appellate Practice during the HCBA Appellate Law Section Luncheon/CLE on October 12, 2022…

Blog Posts | Floridians will soon experience swifter justice: Come January 1, 2023, Florida will get a Sixth District Court of Appeal

Jul 07, 2022 | By Mihaela Cabulea

In an attempt to improve the judicial process, the Florida Supreme Court recommended in November 2021 the addition of a sixth district court of appeal….

News | Mihaela Cabulea Re-Appointed to Appellate Court Rules Committee

July 1, 2022 | By Mihaela Cabulea

We are pleased to announce that Mihaela Cabulea has been re-appointed to the Florida Bar’s Appellate Court Rules Committee for a second term, commencing July…

Events, Webinars | Summary Judgment Standard and Appellate Review Under Florida and Texas Law Podcast

July 22, 2022 | By Carol Rooney

This podcast was originally released as a webinar on June 22, 2022. This Course provided insurance professionals and practitioners with in-depth background, practical and real-world…

Events | The Anatomy of a Trial: Jury Selection Process – Trial and Appellate Perspectives

June 16, 2022 | By Mihaela Cabulea

Jury selection is a complex process, during which attorneys can aid or hinder their cases. Join Partner Mihaela Cabulea and co-presenter Amber Inman (Ramey &…

Events | Safari Guide for Panel Counsel

March 24, 2022 | By Jamie Combee Novaes

Join Senior Associate Jamie Combee Novaes as she presents for the Southeastern Women’s Litigators Conference on March 24, 2022 at the Atlanta Zoo. The one-day…

Blog Posts | Orders permitting/denying pursuit of punitive damages soon to be immediately appealable

Jan 07, 2022 | By Mihaela Cabulea

Some Florida practitioners and appellate courts have long pointed to the need to amend the rules of appellate procedure to allow for an interlocutory appeal…

Blog Posts | Appellate Court Holds Entitlement to Fees and Costs Award Under Section 768.79 Does Not Require Defendant’s Settlement Offer Exclusive of Fees to Specify Amount of Plaintiff’s Attorney’s Fees Excluded

Nov 30, 2021

Few things play a more sizable factor in litigation than attorney’s fees. They incentivize suing as much as they do settling. The prospect of liability…

Publications/ Whitepapers | New Appleman Florida Insurance Law (2022 Edition)

Nov 24, 2021 | By Sarah Burke, John Garaffa, Ryan Hilton, J. Blake Hunter, Julius “Rick” Parker III, Carol Rooney, Jason Seitz, James Michael Shaw , Jr.

JOHN V. GARAFFA, SARAH R. BURKE, RYAN K. HILTON, JULIUS F. “RICK” PARKER III, JASON M. SEITZ, J. BLAKE HUNTER, CAROL M. ROONEY, JAMES MICHAEL…

Events | Attorneys’ Fees on Appeal

September 21, 2021 | By Mihaela Cabulea

Join Of Counsel Mihaela Cabulea and Partner Tony Russo as they present for the Appellate Practice Section of the Florida Bar on September 21, 2021….

News, Spotlights | Attorney Spotlights | Mihaela Cabulea

July 21, 2021 | By Mihaela Cabulea

  Butler is proud to highlight the diversity among our team of attorneys. Many come from different backgrounds and walks of life. These experiences both…

Blog Posts | Lights, Camera, Action: Florida court rules insured can record appraisal inspection

Jul 16, 2021 | By Timothy Engelbrecht

On July 7, 2021, Florida’s Fourth District Court of Appeal ruled that an insured may electronically record an insurer’s appraiser during an inspection of the…

News | Congratulations Mihaela Cabulea | Appellate Board Certification

Jun 01, 2021 | By Mihaela Cabulea

We are pleased to congratulate Of Counsel Mihaela Cabulea May for receiving her board certification in Appellate practice. This is a highly commendable achievement resulting…

Spotlights | Attorney Spotlight | Kathy Maus

May 24, 2021 | By Kathy Maus

This month’s attorney spotlight highlights a Butler Partner who has played an integral role in helping build the foundations of the Firm, Partner Kathy Maus….

Blog Posts | Florida’s Second DCA: Coverage Can Remain at Issue Even After Insurer’s Payment

May 05, 2021 | By Carol Rooney

A Florida appellate court recently made clear that the issue of insurance coverage can remain in dispute, even where an insurer has already paid out…

Blog Posts | Florida Supreme Court unveils a revamped summary judgment rule just in time for the May 1, 2021 effective date.

Apr 29, 2021 | By Mihaela Cabulea

On December 31, 2020, the Florida Supreme Court issued an opinion amending Florida Rule of Civil Procedure 1.510 governing summary judgment proceedings, to adopt the…

Blog Posts | The Federal Summary Judgment Standard Comes to Florida State Courts on May 1, 2021

Dec 31, 2020 | By Mihaela Cabulea

Last year, the Florida Supreme Court signaled its intention to adopt the summary judgment standard articulated in the Celotex trilogy, by directing the parties in…

Podcasts | 2020 Appellate Issues at Trial – Florida and Texas (Podcast)

Dec 28, 2020 | By Carol Rooney

Carol’s final webinar of the 2020 Appellate Webinar Series “All About Appellate” provides an overview of significant rulings by Florida and Texas courts in 2020,…

Blog Posts | Apples and Oranges: Trials and Appeals

Dec 01, 2020

How many lawyers does it take to handle a case?  Well, usually two, one for the trial and another one for the appeal.  And that’s…

Events, Webinars | Annual Case Law Update: Florida and Texas

December 21, 2020 | By Carol Rooney

Carol’s final webinar of the 2020 Appellate Webinar Series “All About Appellate” was on December 21 at 12:10 p.m. The Webinar, “Annual Case Law Update:…

News, Podcasts | All About Appellate – 2020 Appellate Issues at Trial: Florida and Texas (Podcast)

Nov 20, 2020 | By Carol Rooney

Partner Carol Rooney presented “2020 Appellate Issues at Trial – Florida and Texas” for her 2020 All About Appellate Webinar series. This course covered common…

Events, Webinars | 2020 Appellate Issues at Trial – Florida and Texas

November 18, 2020 | By Carol Rooney

Partner Carol Rooney presented “2020 Appellate Issues at Trial – Florida and Texas” for her 2020 All About Appellate Webinar series. This course covered common…

Podcasts | All About Appellate – Appellate Writs, Motion Practice and Sanctions Issues Under Florida and Texas Law (Podcast)

Oct 01, 2020 | By Carol Rooney

Board Certified Appellate Attorney, Carol Rooney, presented her second appellate webinar for 2020 – Appellate Writs, Motion Practice and Sanctions Issues Under Florida and Texas…

Events, Webinars | Appellate Writs, Motion Practice and Sanctions Issues Under Florida and Texas Law

September 16, 2020 | By Carol Rooney

Board Certified Appellate Attorney, Carol Rooney, presented her second appellate webinar for 2020 – Appellate Writs, Motion Practice and Sanctions Issues Under Florida and Texas…

Webinars | Appellate Motion Practice And Sanctions Issues Under Florida And Texas Law

Jul 15, 2020 | By Carol Rooney

Board Certified Appellate Attorney, Carol Rooney, presented her second appellate webinar for 2020 – Appellate Motion Practice and Sanctions Issues Under Florida and Texas Law…

Publications/ Whitepapers | The Days Of The “Scintilla” Of Evidence Summary Judgment Standard In Florida Are Numbered

Jun 26, 2020 | By Mihaela Cabulea

This article was originally published in the FDLA Trial Advocate, Volume 39, No. 2. Legal opinions may vary when based on subtle factual differences. All…

Blog Posts | Major Appellate Jurisdictional Shifts In Florida: The Effects Are Yet To Be Determined

Jun 22, 2020 | By Mihaela Cabulea

          ON JUNE 20, 2020, THE FLORIDA GOVERNOR SIGNED INTO LAW SENATE BILL 1392, which, among other things, divests circuit courts…

Podcasts | Summary Judgment Standard and Appellate Review under Florida and Texas Law (Podcast)

Mar 24, 2020 | By Carol Rooney

Board Certified Appellate Attorney, Carol Rooney, presented her first appellate webinar for 2020 – Summary Judgment Standard and Appellate Review Under Florida and Texas Law…

Webinars | Summary Judgment Standard and Appellate Review under Florida and Texas Law

Mar 18, 2020 | By Carol Rooney

Board Certified Appellate Attorney, Carol Rooney, presents her first appellate webinar for 2020 – Summary Judgment Standard and Appellate Review Under Florida and Texas Law…

Blog Posts | Florida Supreme Court Rewrites the Rules

Jan 30, 2020 | By Mihaela Cabulea

FLORIDA SUPREME COURT REWRITES THE RULES, LIFTING RESTRICTIONS ON THE IMMEDIATE APPEAL OF ORDERS DENYING ABSOLUTE, QUALIFIED, OR SOVEREIGN IMMUNITY. For those who have kept…

Blog Posts, Court Decisions | Insurer has No Duty to Enter into a Cunningham Agreement or to Agree to a Consent Judgment in Excess of Policy Limits

Jan 23, 2020

Kropilak v. 21st Century Ins. Co., 806 F.3d 1062 (11th Cir. 2015). Significance The court held that Florida law does not impose a duty on…

Podcasts | Butler’s All About Appellate Series

Jan 02, 2020 | By Carol Rooney

All About Appellate is filled to the brim with recent case studies and helpful hints pertaining to the changing world of appellate law. Carol adds…

Webinars | All About Appellate – 2020 Webinar Series

Jan 01, 2020 | By Carol Rooney

Join Board Certified Appellate Attorney, Carol Rooney, as she presents her 2020 All About Appellate webinar series. Filled to the brim with recent case studies and…

Podcasts | All About Appellate – Case Law Update: Texas and Florida Law

Dec 30, 2019 | By Carol Rooney

Board Certified Appellate Attorney, Carol Rooney, presents her fourth appellate podcast for 2019—Case Law Update: Texas and Florida Law Carol’s final webinar of the 2019…

Webinars | All About Appellate – Case Law Update: Texas and Florida Law

Dec 11, 2019 | By Carol Rooney

Board Certified Appellate Attorney, Carol Rooney, presents her fourth appellate webinar for 2019 – Case Law Update: Texas and Florida Law – on December 11,…

Webinars | All About Appellate – Insurance Coverage & Declaratory Judgment Appellate Issues

Oct 09, 2019 | By Carol Rooney

Board Certified Appellate Attorney, Carol Rooney, presented her third appellate webinar for 2019 – Insurance Coverage & Declaratory Judgment Appellate Issues – on October 9,…

Podcasts | All About Appellate – Federal Appeals in Florida and Texas

Jun 17, 2019 | By Carol Rooney

Watch the presentation below.    Board Certified Appellate Attorney, Carol Rooney, presented the second part in her All About Appellate Webinar Series for 2019 – Federal…

Appellate