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The Video Speaks for Itself

The 11th Circuit dissects summary judgment review in Brooks v. Miller. The published opinion was on August 22, 2023. Brooks sued Miller (a police officer) for false arrest, excessive force, and deliberate indifference. The incident was recorded—part audio/video and...

Word for Word: The Problem with Verbatim Orders

It is common for courts to ask the parties for proposed orders. And it is not unusual for a court to adopt parts (and sometimes large portions) of a proposed order. The trouble starts when a court adopts a proposed order verbatim. Such orders are not per se...

Intra-District Conflict

There is a difference in opinion when it comes to intra-district precedent in Florida. Most lawyers believe — and some judicial opinions hold — that a district court’s three-judge panel is bound by a prior panel opinion until the district court sitting en banc or the...

For Whom the Bell Tolls

The 5th DCA recently reminded litigators of a well-established, but often forgotten, principle of law: a motion for reconsideration of a non-final order does not toll the time for filing a notice of appeal or a petition for certiorari. Here is what happened in...