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Appellate

In cases full of unique complexities and 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, Webinars | Annual Case Law Update: Florida and Texas

Dec 21, 2020 | By Carol Rooney

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

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

Nov 18, 2020 | By Carol Rooney

Join Partner Carol Rooney as she presents “2020 Appellate Issues at Trial – Florida and Texas” for her 2020 All About Appellate Webinar series. This…

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…

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

Sep 16, 2020 | By Carol Rooney

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

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…

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…

Webinars | All About Appellate – Federal Appeals (TX and FL Federal Appellate Circuits)

Jun 12, 2019 | By Carol Rooney

Join Board Certified Appellate Attorney, Carol Rooney, as she presents her second appellate webinar for 2019 – Federal Appeals (TX and FL Federal Appellate Circuits)…

Podcasts | All About Appellate – Interlocutory Appeals, Cross-Appeals and Appellate Stays

Apr 12, 2019 | By Carol Rooney

Watch the webinar below. Carol Rooney presented her first appellate webinar for 2019—Interlocutory Appeals, Cross-Appeals and Appellate Stays – on March 13, 2019, at 12:10…

Webinars | All About Appellate – Interlocutory Appeals, Cross-Appeals and Appellate Stays

Mar 13, 2019 | By Carol Rooney

Carol Rooney presented her first appellate webinar for 2019 – Interlocutory Appeals, Cross-Appeals and Appellate Stays – on March 13, 2019, at 12:10 p.m. E.S.T….

Webinars | All About Appellate – Webinar Series

Jan 11, 2019 | By Carol Rooney

Join Board Certified Appellate Attorney, Carol Rooney, as she presents her 2019 All About Appellate webinar series. Filled to the brim with recent case studies…

Blog Posts | Offerors relax! Offerees take note! The technical requirements of rule 2.516 do not apply to proposals for settlement

Jan 07, 2019 | By Mihaela Cabulea

The Florida Supreme Court in Wheaton v. Wheaton, No. SC17-716, 2019 WL 99109 (Fla. Jan.4, 2019), resolved the district split on the issue whether proposals for…

Blog Posts | Florida Supreme Court gives green light to insurers to take immediate appeals of rulings that find no settlement reached

Oct 25, 2018 | By Anthony Russo

Attention liability insurers and their counsel – the Florida Supreme Court has given the green light to immediate appeals of non-final orders that determine the…

Webinars | Appellate Issues at Trial – 2018 APPELLATE WEBINAR SERIES

Sep 26, 2018 | By Carol Rooney

Listen to Carol Rooney’s third installment of the 2018 Appellate Webinar Series, “Appellate Issues at Trial.” Carol covered common appellate preservation issues that occur pre, during…

Podcasts | Appellate Standards of Review – 2018 APPELLATE WEBINAR SERIES

Jun 13, 2018 | By Carol Rooney

Appellate Standards of Review Under Florida and Texas Law by Carol Rooney. This is the second webinar in her four-part 2018 Appellate Webinar Series. Watch the…

Webinars | Appellate Standards of Review – 2018 APPELLATE WEBINAR SERIES

Jun 13, 2018 | By Carol Rooney

Appellate Standards of Review Under Florida and Texas Law by Carol Rooney. This is the second webinar in her four-part 2018 Appellate Webinar Series.

Blog Posts | This offer expires in 30 days! No automatic extensions says high court

May 21, 2018 | By Anthony Russo

The time to respond to a proposal for settlement can no longer be tolled by filing a motion to enlarge the time to respond, says…

Podcasts | Attorney’s Fees and Taxable Cost – 2018 Appellate Webinar Series

Mar 28, 2018 | By Carol Rooney

Listen as Partner Carol Rooney presents “Attorney’s Fees and Taxable Costs”, her first webinar of the 2018 Appellate Webinar Series. This webinar will provide a comprehensive…

Webinars | Attorney’s Fees and Taxable Cost – 2018 Appellate Webinar Series

Mar 28, 2018 | By Carol Rooney

Watch as Partner Carol Rooney presents “Attorney’s Fees and Taxable Costs”, her first webinar of the 2018 Appellate Webinar Series. This webinar will provide a comprehensive…

Podcasts | The Art of Advocacy – Persuasive Writing and Oral Arguments

Oct 05, 2017 | By Carol Rooney

Carol Rooney’s third webinar for the 2017 Appellate Webinar Series covered persuasive writing and oral advocacy which are essential skills for lawyers and claims professionals….

Webinars | The Art of Advocacy – Persuasive Writing and Oral Arguments

Sep 20, 2017 | By Carol Rooney

Carol Rooney’s third webinar for the 2017 Appellate Webinar Series covers persuasive writing and oral advocacy which are essential skills for lawyers and claims professionals….

Webinars | Insurers, Policyholders, and Defense Lawyers: The Ins and Outs of the Tripartite Relationship

Aug 09, 2017 | By Anthony Russo

Join Partner Anthony Russo as he identifies and analyzes the nature of the relationship between the insurer and the policyholder, the policyholder and the lawyer,…

Blog Posts | Still Keeping Us Guessing: Florida Supreme Court Poised to Clarify The Daubert Standard in Florida. Maybe.

Aug 04, 2017 | By Anthony Russo

Is it safe to use the Daubert standard of the new section 90.702, Florida Statutes, to exclude your opponent’s expert testimony? Do you have a choice? Earlier…

Blog Posts | The Continuing Saga of Sebo v. American Home Assurance Company: The Second District Court of Appeal Rules on Remand

Jul 26, 2017 | By Anthony Russo

On July 20, 2017, the Second District Court of Appeal issued an order that closed its books on the Sebo appeal. Mr. Sebo made a homeowner’s claim…

Podcasts | Extraordinary Writs: Certiorari, Prohibition and Mandamus

Jun 26, 2017 | By Carol Rooney

Extraordinary Writs: Certiorari, Prohibition and Mandamus. The ins and outs of appellate relief via an extraordinary writ covered by Carol in depth in this webinar. If you…

Webinars | Extraordinary Writs: Certiorari, Prohibition and Mandamus Carol M. Rooney

Jun 07, 2017 | By Carol Rooney

Extraordinary Writs: Certiorari, Prohibition and Mandamus. The ins and outs of appellate relief via an extraordinary writ will be covered by Carol in depth in…

Podcasts | Preserving Error For Appeal in Florida State Courts 2017 Podcast

May 02, 2017 | By Carol Rooney

Carol’s first webinar for the 2017 Appellate Webinar Series covered preserving error for appeal in Florida state courts. Don’t win the battle and lose the…

Blog Posts | Supreme Court says lawyer’s referral of client to a doctor for treatment is attorney-client privileged communication, and out of bounds in discovery

Apr 14, 2017 | By Anthony Russo

The Florida Supreme Court declared that the attorney-client privilege shielded a motor vehicle accident plaintiff from being required to disclose that her attorney had referred…

Blog Posts | Florida Supreme Court To Consider Rule Change Allowing Immediate Review Of Orders On Settlement Agreements

Apr 03, 2017 | By Anthony Russo

The Florida Bar Appellate Rules Committee has proposed to the Florida Supreme Court an amendment to the appellate rules that would allow immediate appeals of…

Webinars | Preservation of Error

Mar 29, 2017 | By Carol Rooney

Carol’s first webinar for the 2017 Appellate Webinar Series will cover preserving error for appeal in Florida state courts. Don’t win the battle and lose…

Blog Posts, Court Decisions | Florida Third Dca Finds No Irreparable Harm Justifying Certiorari in Action Abated to Allow Insurer to Proceed on its Election to Repair

Feb 22, 2017

Hernandez v. Florida Peninsula Insurance Company, No 3D16—415, 2017 WL 697727 (Fla. 3d DCA Feb. 22, 2017) Summary The insureds sustained a water loss to…

Blog Posts | Supreme Court speaks on Daubert – says not much

Feb 21, 2017 | By Anthony Russo

Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert statute. The supreme court noted…

Blog Posts | Safeguarding Every Veteran’s Benefits: Lessons from Bruce V. Mcdonald, 2017 Wl 57172

Jan 18, 2017 | By John Garaffa

On January 5, 2017, the United States Court of Appeals for Veterans Claims rejected the assertion by the Veteran’s Administration (VA) and the Board of…

Publications/ Whitepapers | Don’t Win The Battle And Lose The War: Preserving Error For Appeal (And Why You Need An Appellate Lawyer)

Jan 10, 2017 | By Carol Rooney

This article was originally published in the ABA Corporate Counsel Committee Newsletter, a publication by the American Bar Association, Fall/Winter, 2016. © Copyright 2016 by ABA….

Publications/ Whitepapers | What’s A Court To Consider After A Post-Suit Payment?

Oct 26, 2016 | By Anthony Russo

Most first-party insurance lawsuits are accompanied by a claim for attorneys’ fees based on section 627.428, Florida Statutes. The operative language of this statute has been…

Webinars | Appellate Motion Practice – What to File and When

Jun 01, 2016 | By Carol Rooney

This webinar is the second of a four-part series presented by Carol M. Rooney in which she will provide useful and practical information on a…

Webinars | Appellate Attorney’s Fees and Costs – Tips and Tools to Maximize Recovery

Mar 23, 2016 | By Carol Rooney

This webinar is the first of a four-part series presented by Carol M. Rooney in which she will provide useful and practical information on a…

Webinars | Don’t Win the Battle and Lose the War – An Appellate Tutorial on Preservation of Error

Dec 07, 2015 | By Carol Rooney

This webinar is designed to help claims professionals achieve finality when they resolve a claim. Preserving error in the trial court, by knowing and applying…

Publications/ Whitepapers | About Jim . . . Briefly

Nov 18, 2015

Published in Lawyer, The Hillsborough County Bar Association: November – December 2015 – Vol. 26, No. 2 Jim Birkhold was, superficially, a curmudgeon. At least…

Blog Posts | Unprotected: Florida Appellate Court Holds Protective Safeguard Condition Is Not A Condition Precedent To Coverage

Sep 28, 2015

A Florida appellate court recently held that the breach of a protective safeguard condition did not automatically suspend coverage. Depositors Insurance Co. v. CC&C of…

Appellate