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Appellate

The appellate attorneys at Mills Paskert Divers are experienced in handling all types of civil and administrative appeals. Our attorneys have been involved in appeals to the United States Supreme Court, the Florida Supreme Court, and various other state and federal appellate courts.

Mills Paskert Divers believes that its clients’ needs are best satisfied by appellate attorneys who have participated in and fully understand all phases of litigation, including civil trial work. Accordingly, in addition to performing the traditional roles of brief preparation and oral argument, our appellate attorneys work directly with the firm’s litigation attorneys on various trial matters. As a result, it is common for the firm’s appellate attorneys to actively assist in preparation of substantive legal memoranda and, when necessary, at trial. In addition, the firm’s appellate attorneys assist the litigation attorneys in the presentation of issues and preservation of error during the trial process.

 

 

 

Recent News

Florida Supreme Court Declines to Adopt Florida Legislature’s Daubert Amendment
For many years Florida followed the Frye standard for the admissibility of expert testimony based upon new or novel scientific evidence.  See Frye v. United States, 293 F. 1013 (D.C. Cir. 1923).   In 2013, the Florida Legislature, through what has been dubbed the Daubert Amendment, replaced the Frye standard with the Daubert standard.  The Daubert standard stems from the United States Supreme Court’s decision in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), which established the federal court standard for expert testimony.  Since then, federal courts have continued to apply the Daubert standard, and 36 states have adopted the Daubert standard.

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October 21, 2013
Motor Vehicle Dealer Bonds: Florida's Fourth District Court of Appeal Punts on Attorneys' Fees Issue

Florida’s Fourth District Court of Appeal recently had the opportunity to provide much needed guidance on the issue of whether a statutory motor vehicle dealer bond caps the surety’s liability for plaintiff’s attorneys’ fees at the penal sum of the bond.  Unfortunately, the court found another issue to be dispositive and declined to rule on the attorneys’ fees issue. 

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October 21, 2013