Appellate Procedure

Appellate Procedure

Cases

Barrett v. Barrett,
951 So. 2d 24 (Fla. 5th DCA 2007).»
S.C. Read, Inc. v. Seminole County School Board,
932 So. 2d 1255 (Fla. 5th DCA 2006).»
Westwood One, Inc. v. Flight Express,
940 So. 2d 1241 (Fla. 5th DCA 2006).»

Rejected husband’s untimely motion for appellate attorney fees.

The husband appealed dissolution of marriage judgment challenging the trial court’s unequal distribution of the parties’ marital assets.

Ms. Lippincott successfully represented the wife in this appeal. The Fifth District Court of Appeal affirmed the trial court decision, distributing more than 50% of the marital assets to the wife.

In addition, the appellate court rejected the husband’s motion for appellate fees as untimely under the appellate procedural rules, specifying that an attorney fee motion must be filed no later than the service due date for the reply brief.

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Dismissed untimely appeal.

The parents of a high school student sued the school board over a high school rezoning plan. On appeal Ms. Lippincott represented the school board and was successful in having the appeal dismissed as untimely.

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Dismissed unauthorized appeal.

A company that provided aircraft and pilot services brought an action against a customer on an open account. The trial court granted the company’s motion for default and motion to strike the customer’s motion to compel arbitration and the customer appealed.

Ms. Lippincott represented Flight Express on appeal and was successful in having the customer’s appeal dismissed because the appellate procedural rules do not authorize an appeal from this type of order.

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