Archive for October, 2011

Appeals require planning.  Indeed, it’s not too early to start thinking about an appeal from day one of litigation. Thinking ahead is crucial because all issues that are raised on appeal must have been contemporaneously argued and preserved as they arose in the trial court.  Otherwise, such issues will go nowhere on appeal.   Case in point … The Fourth DCA issued an opinion this morning affirming a trial court order which had thrown out the plaintiff’s action to enforce the public records law.  The stated reason was that the plaintiff had failed to preserve “what may have been a valid procedural argument.”   The full text of the Court’s opinion can be read at http://www.4dca.org/opinions/Oct%202011/10-12-11/4D10-3433.op.pdf.