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September 08, 2015 | Publication| Judge John Badalamenti Joins the Second District

Anthony J. Russo

In April, John L. Badalamenti was appointed to the Second District Court of Appeal by Governor Rick Scott, filling the seat vacated by retiring Judge Charles A. Davis Jr. Judge Badalamenti, 41, of Tampa, comes to the post from the Appellate Division of the Office of the Federal Public Defender, Middle District of Florida, where he had served since 2006. The appointment to the court is the culmination of a calling that he first heard long ago. Read the entire article by clicking the link under Key Points.

May 01, 2015 PublicationDefining Structual Damage: The Eleventh Circuit Rules

Section 627.706, Florida Statutes, has not always required "structural damage" as part of a "sinkhole loss." Until 2005, the statute required "actual physical damage to the property." The 2005 amendment to section 627.706 narrowed the damage requirement to "structural damage to the building" but left "structural damage" undefined. In 2011, the legislature codified five criteria that individually define "structural damage." See § 627.706(2)(k), Fla. Stat.

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January 01, 2015 PublicationA Legacy That Lasts: George E. Edgecomb

In Florida, one becomes accustomed to the sight of bridges. Indeed, bridges are everywhere across our fair state, allowing travelers to cross expanses of water, vast or small, to arrive at our intended destination. Rarely noticed or noted are those who came before to build the bridge, across which so many have traveled. Every so often, however, a bridge is built so exceedingly well that its builder must be etched in history. Such is the case of the late Honorable George E. Edgecomb.

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November 01, 2014 PublicationStopping the Clock: Getting an Extension for Your Brief

Traditionally, parties seek briefing extensions in Florida state courts by motion  pursuant to Florida Rule of Appellate Procedure 9.300. However, four of the five District Courts of Appeal have recently adopted an alternative procedure — extension by "notice" — that supplants the motion process in certain circumstances.

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November 01, 2013 PublicationPleading Requirements For Fees In Original Proceedings

Florida Rule of Appellate Procedure 9.400(b) governs the procedure for seeking attorneys' fees on appeal. It requires the party seeking fees to file a motion no later than the time for filing a reply brief. There is no rule that expressly states a different procedure for original proceedings, such as petitions for writ of certiorari.

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February 01, 2013 PublicationJames Birkhold, the Second District's Clerk

In addition to establishing the district courts of appeal, Article V, Section 4 of the Florida Constitution establishes the constitutional office of the Clerk of Court. The Florida Constitution states only that the clerk shall "hold office during the pleasure of the court and perform such duties as the court directs." Florida Rule of Judicial Administration 2.210 lists the district court clerks' duties: to maintain records of proceedings, to collect filing fees, to issue mandates and furnish copies of orders and opinions to attorneys of record, and to maintain and transmit documents and records on appeal as is necessary. 

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September 30, 2012 PublicationThe High Hurdle to a Spoliation Claim: Is the Evidence Crucial?

From moldy lunch boxes to deformed 2x4s, determining what paper, electronic data, materials, tools, and equipment might be relevant to a pending construction-related claim, and require preservation, is a daunting task. The problem is compounded once construction is completed and the project is turned over to the owner while a claim related to the project is pending (or in some instances, contemplated). In the midst of cleaning the job site, evidence related to the claim can oftentimes be discarded and forever lost.

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