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Appellate Law

: Abstract Appeal

Fourth District: Appellate Rules In Disguise

By Matt Conigliaro

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Can you think of a rule of civil procedure that acts like a rule of appellate procedure by expressly directing how an appellate court should act in a particular situation?

How about rule 1.530(f)? It provides that if a new trial ruling fails to state specific grounds, the appellate court shall relinquish jurisdiction to the trial court for entry of a more specific order. The Fourth District followed that procedure in this decision.

Peculiar.

Full post as published by Abstract Appeal on February 11, 2011 (boomark / email).

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