Issues on Appeal

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Board Certified Appellate Specialist Duane Daiker interviews Florida lawyers about timely and timeless issues of appellate practice and professionalism.

Duane A. Daiker

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    • Jul 13, 2023 LATEST EPISODE
    • infrequent NEW EPISODES
    • 41m AVG DURATION
    • 66 EPISODES


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    Latest episodes from Issues on Appeal

    Episode 64: Founding of the Appellate Practice Section

    Play Episode Listen Later Jul 13, 2023 31:21


    My guest is appellate specialist and law professor Anthony ("Tony") Musto (https://www.stu.edu/law/faculty-staff/faculty/anthony-musto/) from the St. Thomas University School of Law (https://www.stu.edu/law/). Tony shares stories regarding the formation of the Section and its earliest days. Interestingly, much of what the Section is today dates back to the very begining. The episode was created as part of the Section's Oral History Project to celebrate its 30th anniversary. For more information, check out the Appellate Practice Section's history page (https://www.flabarappellate.org/about/section-history/). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Anthony ("Tony") Musto.

    Episode 63: Can I Hear You Now?

    Play Episode Listen Later Mar 27, 2023 6:15


    Approximately 15% of American adults (https://www.nidcd.nih.gov/health/statistics/quick-statistics-hearing) (37.5 million) aged 18 and over report some trouble hearing. The evidence is clear that early identification and diagnosis leads to better outcomes. There are many places that you can do an initial online hearing screening (https://www.phonak.com/hearingtest/29dfj0/welcome?Brand=Phonak&Country=US&Language=EN) for free, but if you have any doubt, see an ENT doctor, an audiologist, or a hearing aid specialist. If you are an appellate lawyer dealing with hearing loss, let me know about your experience. Special thanks to Kelley Hoffman for voiceover work on this episode. The oral argument was a simulation of ... kind of ... what it sounded like to me, but it's very hard to replicate what I hear. And in case you were wondering, the OA still went well, and my client did prevail on the appeal. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes.

    Episode 62: What Might the Sixth Do?

    Play Episode Listen Later Nov 10, 2022 24:53


    My guest is Tom Hall (https://www.bishopmills.com/attorneys/tomhall/) of the Bishop & Mills (https://www.bishopmills.com/) law firm in Tallahassee. Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc) was the opinion adopting as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981 in the new Elevent Circuit. History and creation (https://www.5dca.org/About-the-Court/Court-History) of the Fifth DCA. Opinion (https://www.floridasupremecourt.org/content/download/811045/opinion/sc21-1543.pdf) creating the new Sixth DCA. Sixth DCA (https://www.flcourts.org/6DCA) official website. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Tom Hall.

    Episode 61: Effective Immediately!

    Play Episode Listen Later Sep 2, 2022 19:32


    This week's guest is Dineen Wasylik (https://ip-appeals.com/attorney-profile-dineen-pashoukos-wasylik/) of the DPW Legal (https://ip-appeals.com) law firm in Wesley Chapel, Florida. Dineen is the founder of the Florida Appellate Procedure Blog (https://floridaappellate.com). The Florida Supreme Court, on its own motion, amended Rules 1.530 and 12.530 to require, effective immediately, that “To preserve for appeal a challenge to the sufficiency of a trial court's findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule.” This represents a significant change in some appellate districts. Read Dineen's blog post (https://floridaappellate.com/2022/08/30/rule-change-rehearing-required-to-preserve-challenge-to-sufficiency-of-trial-court-findings/) on this issue. See also, Engle v. Engle, 277 So. 3d 697 (Fla. 2d DCA 2019) (https://casetext.com/case/engle-v-engle-9), discussed in the episode. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Dineen Wasylik.

    Episode 60: No More Little Square Boxes

    Play Episode Listen Later Jun 26, 2022 21:38


    My guests are the outgoing 2021-22 officers (https://www.flabarappellate.org/leadership/) of the Florida Bar's Appellate Practice Section (https://www.flabarappellate.org/about/about-us/). Thanks to Kim Jones, Judge Carrie Ann Wozniak, Kansas Gooden, Courtney Brewer, and Chris Donovan. This is a LIVE recording following the first in-person Exective Council Meeting in over two years---from the 2022 Florida Bar Convention. Audio quality is alwasy difficult for a live show in an uncontrolled environment. We did our best! Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Carrie Ann Wozniak, Chris Donovan, Courtney Brewer, Kansas Gooden, and Kimberly Jones.

    Episode 59: New Age OA

    Play Episode Listen Later May 9, 2022 32:37


    My guest is Appellate Specialist Nick Shannin (https://shanninlaw.com/nicholas-a-shannin/) from the Orlando-based Shannin Law Firm (https://shanninlaw.com). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Nick Shannin.

    Episode 58: Welcome to the Sixth DCA?

    Play Episode Listen Later Dec 29, 2021 35:17


    This week's guest is Matthew Conigliaro (https://www.carltonfields.com/team/c/matthew-j-conigliaro) from the Tampa office of Carlton Fields (https://www.carltonfields.com). Second DCA Space and Location Needs Study (https://www.2dca.org/About-the-Court/Marshal-s-Office/Second-District-Court-of-Appeal-Space-Location-Needs-Study) DCA Workload and Jurisdiction Assessment Committee Report (https://www.flcourts.org/content/download/791118/file/dca-assessment-Committee-Final-Report-with-notation.pdf) Florida Supreme Court (https://www.floridasupremecourt.org/pre_opinion_content_download/811045)opinion on realignment of appellate districts. Florida Supreme Court (https://www.floridasupremecourt.org/pre_opinion_content_download/816724)supplemental opinion on need for additional appellate judges -- issued AFTER this episode was recorded. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Matthew J. Conigliaro.

    Episode 57: Complexities of Agreed Extensions

    Play Episode Listen Later Aug 30, 2021 27:29


    My guest is Jared Krukar (https://www.linkedin.com/in/jaredkrukar/), a board certified appellate specialist in Tampa, Florida. Jared works as a career staff attorney for the Second District Court of Appeal. (https://www.2dca.org/) The administrative orders discussed, and current as of the original publication of this episode, can be found here: First DCA (https://www.1dca.org/content/download/429513/file/19-2%20In%20re%20Agreed%20Extensions%20of%20Time%20for%20Briefs.pdf) Second DCA (https://www.2dca.org/content/download/214548/file/2013-1%20Adminstrative%20Order.pdf) Third DCA (https://www.3dca.flcourts.org/content/download/525339/file/AO3D13-01%20Amended%205-15-19.pdf) Fourth DCA (https://www.4dca.org/content/download/318/file/Admin%20order%20re%20extend%20of%20time%20for%20briefs.pdf) Fifth DCA (https://www.5dca.org/content/download/471496/file/AO5D19-02(amended)%20signed.pdf) Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Jared Krukar.

    Episode 56: Two Space Epilogue Monologue

    Play Episode Listen Later Aug 9, 2021 10:24


    No guest this week -- just me. I make my (final?) pitch for using two spaces after the period in legal writing. And, I make a pitch for a slight variation on the practice. Give me 10 minutes to make my case. My grammar and podcast hero is Mignon Fogarty, the Grammar Girl (https://www.quickanddirtytips.com/grammar-girl). Subscribe to her podcast, and listen to her on my episode 24 (https://www.issuesonappeal.com/24). Listen to Jack Metzler's story about the [cleaned up] citation movement on episode 49 (https://www.issuesonappeal.com/49). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes.

    Episode 55: Just the Facts

    Play Episode Listen Later Jul 26, 2021 43:12


    My guest is Chris Donovan (https://www.ralaw.com/people/christopher-d-donovan) of the Roetzel & Andress (https://www.ralaw.com/) law firm in Naples. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). I apologize for some audio issues, particularly with my voice. The recording process introduced some digital audio artifacts that I could not fix. If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Chris Donovan.

    Episode 54: Double Certification

    Play Episode Listen Later Jul 12, 2021 32:28


    This week's guests are: Dineen Wasylik (https://ip-appeals.com/attorney-profile-dineen-pashoukos-wasylik/) of the DPW Legal (https://ip-appeals.com) law firm in Wesley Chapel, Florida. and Alexis Fields (https://kolawyers.com/professionals/alexis-fields/) of the Kopelowitz Ostrow (https://kolawyers.com/) law firm in Ft. Lauderdale, Florida. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Read about Board Certification (https://www.floridabar.org/about/cert/) by the Florida Bar. Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Alexis Fields and Dineen Wasylik.

    Episode 53: Central Staff

    Play Episode Listen Later Jun 28, 2021 23:06


    My guest is Central Staff Attorney Austin Roe of the Second District Court of Appeal (https://www.2dca.org/) in Tampa, Florida. The court's Internal Operating Procedures can be found here (https://www.2dca.org/content/download/214635/file/IOP%20Revised%204.12.18.pdf). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Austin Roe.

    Episode 52: Don't take that tone with me, Counselor!

    Play Episode Listen Later Jun 14, 2021 39:48


    My guest is Chris Donovan (https://www.ralaw.com/people/christopher-d-donovan) of the Roetzel & Andress (https://www.ralaw.com/) law firm in Naples. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Chris Donovan.

    Episode 51: Proofreading for Fun and Profit

    Play Episode Listen Later May 31, 2021 29:35


    This week's guest is Jamie Moses (https://www.hklaw.com/jamie-moses/), a board certified appellate lawyer at the Holland & Knight (http://www.hklaw.com) law firm in Orlando. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Jamie Moses.

    Episode 50: New Summary Judgment Standard & A Podcaster Looks at 50

    Play Episode Listen Later Apr 19, 2021 36:51


    My guest is appellate specialist Jack Reiter (http://www.gray-robinson.com/attorneys-professionals/jack-r-reiter) of the Gray Robinson (http://www.gray-robinson.com/) law firm in Miami. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). After my discussion with Jack, stick around for a brief reflection on the last 50 episodes and the future of the show. One of my favorite songs is "A Pirate Looks at 40," by Jimmy Buffet. Thanks for the brief fair-use, Jimmy. The song speaks to anyone looking back on their life or accomplishments. Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Jack Reiter.

    Episode 49: Cleaned Up

    Play Episode Listen Later Apr 5, 2021 33:58


    My guest is Jack Metzler (https://www.linkedin.com/in/jack-metzler-70a230100/), an appellate lawyer with the FTC in Washington, D.C. Jack is @SCOTUSPlaces (https://twitter.com/SCOTUSPlaces?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor) on #AppellateTwitter. Jack's victory lap moment: The "mic drop" tweet (https://twitter.com/SCOTUSPlaces/status/1364965133559205893) Jack's article in The Journal of Appellate Practice and Process: Cleaning Up Quotations (https://lawrepository.ualr.edu/appellatepracticeprocess/vol18/iss2/3/) Justice Thomas' opinion: Brownback v. King (https://www.supremecourt.gov/opinions/20pdf/19-546_7mip.pdf) As mentioned in the after-show: U.S. Supreme Court Style Guide (https://www.amazon.com/Supreme-Courts-Style-Guide/product-reviews/099111633X/ref=cm_cr_dp_d_show_all_btm?ie=UTF8&reviewerType=all_reviews) on Amazon. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Jack Metzler.

    Episode 48: Staffing the Court

    Play Episode Listen Later Mar 22, 2021 48:41


    My guest is Jared Krukar (https://www.linkedin.com/in/jaredkrukar/) of the Second District Court of Appeal (https://www.2dca.org/) in Tampa. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Jared Krukar.

    Episode 47: I am not a cat!

    Play Episode Listen Later Mar 1, 2021 57:19


    My guest is Chris Donovan (https://www.ralaw.com/people/christopher-d-donovan) of the Roetzel & Andress (https://www.ralaw.com/) law firm in Naples. Our other discussions of appellate workflows are in Episodes 12 and 15. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Chris Donovan.

    Episode 46: For Whom the Podcast Tolls

    Play Episode Listen Later Feb 15, 2021 51:40


    My guest is Professor Emeritus Donald Daiker (https://miamioh.edu/cas/academics/departments/english/about/faculty_staff/retired-faculty/daiker-don/index.html) of Miami University (https://miamioh.edu/)in Oxford, Ohio. Professor Daiker is a noted Hemingway scholar who has written extensively on Hemingway's work. The Hemingway Society (https://www.hemingwaysociety.org/) was established in 1965 by Mary Hemingway, Ernest’s widow, “for the purposes of awakening, sustaining an interest in, promoting, fostering, stimulating, supporting, improving, and developing literature and all forms of literary composition and expression.” Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Donald Daiker.

    Episode 45: Ten Months of Remote OA

    Play Episode Listen Later Feb 1, 2021 47:03


    My guests are Chief Judge Nelly Khouzam (https://www.2dca.org/Judges/Chief-Judge-Nelly-Khouzam), and Clerk of the Court Mary Beth Kuenzel (https://www.2dca.org/About-the-Court/Clerk-s-Office/Clerk-of-Court-Mary-Beth-Kuenzel), of the Second District Court of Appeal (https://www.2dca.org/). The Second DCA's oral argument archives can be found here. (https://www.2dca.org/Oral-Arguments/Archived-Oral-Argument-Videos) Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Chief Judge Nelly Khouzam and Mary Beth Kuenzel.

    Episode 44: The Great Font Debate

    Play Episode Listen Later Jan 18, 2021 46:35


    My guests are Thomasina Moore of the Florida Guardian Ad Litem's office (https://guardianadlitem.org/), Kimberly Berman (https://marshalldennehey.com/attorneys/kimberly-kanoff-berman)of the Marshall Dennehey (https://marshalldennehey.com/) law firm, and Nick Shannin (https://shanninlaw.com/nicholas-a-shannin/) of the Shannin Law Firm (https://shanninlaw.com/). This episode is a follow-up to Episode 43 - Fonts! The new version of the Florida Rules of Appellate Procedure is here (https://www-media.floridabar.org/uploads/2020/12/Appellate-Court-Rules-01-01-21.pdf). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Kimberly Berman, Nick Shannin, and Thomasina Moore.

    Episode 43: Fonts!

    Play Episode Listen Later Jan 4, 2021 37:03


    My guest is Thomas D. Hall (http://www.mills-appeals.com/thomas-hall.html) of the Bishop & Mills (https://www.bishopmills.com/) law firm in Tallahassee. The new version of the Florida Rules of Appellate Procedure is here (https://www-media.floridabar.org/uploads/2020/12/Appellate-Court-Rules-01-01-21.pdf). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Tom Hall.

    Episode 42: Tipsy Coachmen

    Play Episode Listen Later Dec 21, 2020 42:13


    My guest is Appellate Specialist Jared Krukar, a Senior Attorney in the Appellate Division of the Guardian Ad Litem's office. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Jared Krukar.

    Episode 41: Appellate Thankful

    Play Episode Listen Later Dec 7, 2020 33:50


    My guests on this episode include: Jamie Moses (https://www.hklaw.com/en/professionals/m/moses-jamie-billotte) Courtney Brewer (http://www.mills-appeals.com/courtney-brewer.html) Joe Eagleton (https://www.bhappeals.com/joseph-eagleton/) Dineen Wasylik (https://ip-appeals.com/) Morgan Weinstein (https://www.twiglaw.com/weinstein) Robin Bresky (https://www.breskyappellate.com/about-the-firm/robin-bresky-profile/) Dan Huckabay (https://commercialsurety.com/courts/) Thomasina Moore (https://www.linkedin.com/in/thomasina-moore-97541657/) Nick Shannin (https://shanninlaw.com/nicholas-a-shannin/) Sara Lahlou-Amine (https://www.bankerlopez.com/sarahlahlouamine) Chris Donovan (https://www.ralaw.com/people/christopher-d-donovan) Matt Conigliaro (https://www.carltonfields.com/team/c/matthew-j-conigliaro) The closing performance of "Come All Ye Faithful" or "Adeste Fideles" was performed by my friend, James Howes (https://en.wikipedia.org/wiki/James_G._Howes), at the Riverside Church in New York City, and is included with permission. All other holiday music is licensed, and royalty free for commercial purposes. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Chris Donovan, Courtney Brewer, Daniel Huckabay, Dineen Wasylik, Jamie Moses, Joe Eagleton, Matthew J. Conigliaro, Morgan Weinstein, Nick Shannin, Robin Bresky, Sarah Lahlou-Amine, and Thomasina Moore.

    Episode 40: Merely a Footnote

    Play Episode Listen Later Oct 26, 2020 34:07


    My guests are Sarah Lahlou-Amine (https://www.bankerlopez.com/sarahlahlouamine) of the Banker Lopez Gassler (https://www.bankerlopez.com/) law firm in Tampa, and Chris Donovan (https://www.ralaw.com/people/christopher-d-donovan) of the Roetzel & Andress (https://www.ralaw.com/) law firm in Naples. Second DCA Practice Preferences (https://www.2dca.org/Practice-and-Procedures/Practice-Preferences) Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Chris Donovan and Sarah Lahlou-Amine.

    Episode 39: Reading the Law with Scalia and Garner

    Play Episode Listen Later Oct 12, 2020 18:24


    Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Thank you to my oldest daughter, Kelley Daiker, for voicing quotes for the episode. The book discussed is: Reading Law: The Interpretation of Legal Texts By Justice Antonin Scalia and Bryan Garner Thomson West (2012) ISBN-13: 978-0314275554 ISBN-10: 031427555X The host makes no claim to ownership of any passages from the book, which are presented solely as part of an analysis and discussion of the larger work and its impact on Florida jurisprudence, and are intended to fall within fair use. Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes.

    Episode 38: RBG

    Play Episode Listen Later Sep 28, 2020 39:00


    Justice Ruth Bader Ginsburg (https://www.supremecourt.gov/about/biographyGinsburg.aspx), an important and iconic associate justice of the Supreme Court of the United States (https://www.supremecourt.gov/), died (https://www.cnn.com/2020/09/18/politics/ruth-bader-ginsburg-dead/index.html) on September 18, 2020. This episode is a collections of thoughts, stories, and remembrances about RBG and her impact on the appellate community. Many thanks to my contributors for this episode: Courtney Brewer (http://www.mills-appeals.com/courtney-brewer.html) Dineen Wasylik (https://ip-appeals.com/) Nick Shannin (https://shanninlaw.com/nicholas-a-shannin/) Callista Grabel (daughter of Kristin Norse (https://www.kmf-law.com/attorneys/kristin-a-norse/)) Marie Borland (https://www.hwhlaw.com/legal-team/attorneys/attorney/Marie-Attaway-Borland) Professor Pamela Daiker-Middaugh (https://www.law.csuohio.edu/meetcmlaw/faculty/daikermiddaugh) Jared Krukar (https://www.kmf-law.com/attorneys/jared-m-krukar/) Sarah Lahlou-Amine (https://www.bankerlopez.com/sarahlahlouamine) Kimberly Jones (https://www.wshblaw.com/attorney/kimberly-m-jones/) Carrie Ann Wozniak (https://www.akerman.com/en/people/carrie-ann-wozniak.html) Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Carrie Ann Wozniak, Courtney Brewer, Dineen Wasylik, Jared Krukar, Kimberly Jones, Marie Attaway Borland, Nick Shannin, Pamela Daiker-Middaugh, and Sarah Lahlou-Amine.

    Episode 37: Stump the Chump

    Play Episode Listen Later Sep 14, 2020 53:43


    My guest is Jared Krukar (https://www.kmf-law.com/attorneys/jared-m-krukar/) of the Kynes, Markman & Felman (https://www.kmf-law.com/) law firm in Tampa. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Jared Krukar.

    Episode 36: Mooting as Practice

    Play Episode Listen Later Aug 31, 2020 37:32


    My guests are Peter Webster (https://www.carltonfields.com/team/w/peter-d-webster) and Christene R. Davis (https://www.carltonfields.com/team/d/christine-r-davis) of the Carlton Fields (https://www.carltonfields.com/) law firm in Tallahassee. Carlton Fields offers the "Appellate Edge" (https://www.carltonfields.com/services/practices/appellate-trial-support?tab=custom3) service to assist outside lawyers with mock oral arguments. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Christine R. Davis and Peter Webster.

    Episode 35: Jurisdiction, It is A-Changin'

    Play Episode Listen Later Aug 17, 2020 30:33


    My guest is Tom Hall (https://www.bishopmills.com/attorneys/tomhall/) of the Bishop & Mills (https://www.bishopmills.com/) law firm in Tallahassee. The relevant provision is Florida Statutes 26.012 (https://www.flsenate.gov/Laws/Statutes/2013/0026.012). Appellate court jurisdiction is controlled by Article V, Section 5 (https://www.flsenate.gov/Laws/Statutes/2013/0026.012) of the Florida Constitution. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Tom Hall.

    Episode 34: Very Superstitious... Part 2

    Play Episode Listen Later Aug 3, 2020 48:59


    My guests are: Kansas R. Gooden (https://www.boydjen.com/attorneys/kansas-r-gooden/) of the Boyd & Jenerette (https://www.boydjen.com/) law firm in Miami. Jamie Moses (https://www.hklaw.com/jamie-moses/) of the Holland & Knight (http://www.hklaw.com) law firm in Orlando. Sarah Lahlou-Amine (https://www.bankerlopez.com/sarahlahlouamine) of the Banker Lopez Gassler (https://www.bankerlopez.com/) law firm. Nicholas A. Shannin (https://shanninlaw.com/nicholas-a-shannin/) of the Shannin Law Firm (https://shanninlaw.com/) in Orlando. Ceci Berman (https://www.bhappeals.com/ceci-berman/) of the Brannock, Humphries & Berman law firm (https://www.bhappeals.com/) in Tampa. The "get pumped" songs referenced are "Don't Rain on my Parade" from the musical, Funny Girl for Kansas, and "Right Now" by Van Halen from Full Unlawful Carnal Knowledge for Duane. Both are copyrighted songs used only briefly under the fair use doctrine. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Ceci Berman, Jamie Moses, Kansas Gooden, Nick Shannin, and Sarah Lahlou-Amine.

    Episode 33: Very Superstitious... Part 1

    Play Episode Listen Later Jul 20, 2020 33:24


    My guests are: Dineen Wasylik (https://ip-appeals.com/attorney-profile-dineen-pashoukos-wasylik/) of DPW Legal (https://ip-appeals.com) in Wesley Chapel. Joe Eagleton (http://www.bhappeals.com/about/our-team#JosephEagleton) of Brannock & Humphries (http://www.bhappeals.com) in Tampa. Morgan Weinstein (https://mlwlegal.com/profile/) of Weinstein Law, P.A. (https://mlwlegal.com/) in Ft. Lauderale. Matthew Conigliaro (https://www.carltonfields.com/team/c/matthew-j-conigliaro) of Carlton Fields (https://www.carltonfields.com) in Tampa. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Dineen Wasylik and Joe Eagleton.

    Episode 32: Argument in Reply

    Play Episode Listen Later Jul 6, 2020 48:23


    My guest is appellate specialist Chris Donovan (https://www.ralaw.com/people/christopher-d-donovan) of the Roetzel & Andress (https://www.ralaw.com/) law firm in Naples. Rule 9.210 (https://rules.floridaappellate.com/rule-9-210/), Florida Rules of Appellate Procedure, relating to reply briefs. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Chris Donovan.

    Episode 31: Considerations on Finality

    Play Episode Listen Later Jun 21, 2020 46:00


    My guest is appellate specialist Jack Reiter (http://www.gray-robinson.com/attorneys-professionals/jack-r-reiter) of the Gray Robinson (http://www.gray-robinson.com/) law firm in Miami. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Jack Reiter.

    Episode 30: Zooming at the High Court

    Play Episode Listen Later May 24, 2020 38:44


    My guest is appellate lawyer David Caldevilla (https://www.dgfirm.com/David_M_Caldevilla.html) of the de la Parte & Gilbert, P.A. (https://www.dgfirm.com/default.html) law firm in Tampa. You can view David's argument in the Florida Supreme Court's OA archive (https://wfsu.org/gavel2gavel/viewcase.php?eid=2685). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: David Caldevilla.

    Episode 29: Lessons from the Pandemic

    Play Episode Listen Later May 10, 2020 62:53


    My guest is appellate lawyer Ceci Berman (https://www.bhappeals.com/ceci-berman/) of the Brannock, Humphries & Berman law firm (https://www.bhappeals.com/) in Tampa. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Ceci Berman.

    Episode 28: Attorney Wellness

    Play Episode Listen Later Apr 26, 2020 36:01


    My guest is appellate lawyer Robin Bresky (https://www.breskyappellate.com/about-the-firm/robin-bresky-profile/) of the Law Offices of Robin Bresky (https://www.breskyappellate.com) in South Florida. The Attorney Wellness Exchange (https://www.awe.law). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Robin Bresky.

    Episode 27: Hanging a Shingle

    Play Episode Listen Later Apr 12, 2020 43:31


    My guest is appellate specialist Morgan Weinstein (https://mlwlegal.com/profile/) of Weinstein Law, P.A. (https://mlwlegal.com/) Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Morgan Weinstein.

    Episode 26: The Atkins Award

    Play Episode Listen Later Mar 29, 2020 35:56


    My guest is appellate specialist Anthony ("Tony") Musto (https://www.stu.edu/law/faculty-staff/faculty/anthony-musto/) from the St. Thomas University School of Law (https://www.stu.edu/law/). For more information, check out the Appellate Practice Section's website (https://www.floridabar.org/about/section/section-ap/). The historical winners of the Adkins award are listed here. (http://www.flabarappellate.org/awards_past.asp) To submit a nomination, complete and submit a nomination form. (http://www.flabarappellate.org/awards_AdkinsNomination_Form.asp) The current nomination deadline for 2020 is April 15, 2020! Follow the APS on Facebook (https://www.facebook.com/FlaBarAppellate/), Twitter (https://twitter.com/FlaBarAppellate), and Instagram (https://www.instagram.com/flabarappellate/). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Anthony ("Tony") Musto.

    Episode 25: Working Remotely

    Play Episode Listen Later Mar 15, 2020 47:33


    My guest is Appellate Specialist Kansas Gooden (https://www.boydjen.com/attorneys/kansas-r-gooden/) at Boyd & Jenerette (https://www.boydjen.com/) in Boca Raton. This episode was recorded on March 14, 2020, during the national state of emergency for the COVID-19 pandemic. I hope this episode may help those lawyers who find themselves suddenly and involuntarily working remotely in an effort to maintian social distancing. However, the advice will apply to lawyers lookng to work remotely for any reason. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com. Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show or if this episode was helpful to you, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! I'll get the coffe when it's safe to leave the house again. Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Kansas Gooden.

    Episode 24: Grammar Girl Gets Legal

    Play Episode Listen Later Mar 1, 2020 34:31


    My guest is Mignon Fogarty, known as The Grammar Girl (https://www.quickanddirtytips.com/grammar-girl). Mignon is the founder of the Quick and Dirty Tips network, and creator of Grammar Girl, which has been named one of Writer's Digest's 101 best websites for writers multiple times. She is also an inductee into the Podcasting Hall of Fame. You can follow Mignon on Twitter (https://twitter.com/GrammarGirl) (@GrammarGirl), Facebook (https://www.facebook.com/GrammarGirl/?__tn__=%2Cd%2CP-R&eid=ARDU-sFmRHIr3Pqzyn6YzIaLvhc6hMqQOGEt-urKY0qIeufgcQHfVynvKownBlYyv7tYoUz8_Kmg77wC) (@GrammarGirl), and YouTube (https://www.youtube.com/user/TheGrammarGirl) (GrammarGirl), and Instagram (https://www.instagram.com/thegrammargirl/) (@thegrammargirl). The article we discuss about potential font changes to the Florida Rules of Appellate Procedure is available here (https://www.floridabar.org/the-florida-bar-news/in-font-astic-decision-committee-prefers-bookman-old-style-over-times-new-roman/). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com. Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Mignon Fogarty.

    Episode 23: APS Live!

    Play Episode Listen Later Feb 16, 2020 34:57


    My guests are the current leaders of the Appellate Practice Section: Chair Nick Shannin (https://shanninlaw.com/nicholas-a-shannin/), Chair-Elect Christopher Donovan (https://www.ralaw.com/people/christopher-d-donovan), Secretary/Treasurer Carrie Ann Wozniak (https://www.akerman.com/en/people/carrie-ann-wozniak.html), and Immediate Past Chair Sarah Lahlou-Amine (https://www.bankerlopez.com/sarahlahlouamine). Vice-Chair Kimbery Jones could not participate due to a scheduling conflict. This show was recorded before a live audience at the Hyatt Regency in Orlando, Florida on February 6, 2020. For more information, check out the Appellate Practice Section's website (https://www.floridabar.org/about/section/section-ap/). Follow the APS on Facebook (https://www.facebook.com/FlaBarAppellate/), Twitter (https://twitter.com/FlaBarAppellate), and Instagram (https://www.instagram.com/flabarappellate/). Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Carrie Ann Wozniak, Chris Donovan, Nick Shannin, and Sarah Lahlou-Amine.

    Episode 22: Go Hence Without Day

    Play Episode Listen Later Feb 2, 2020 50:05


    My guest is Thomas D. Hall (http://www.mills-appeals.com/thomas-hall.html) of the Bishop & Mills (https://www.bishopmills.com/) law firm in Tallahassee. "Go hence without day" means to leave the court without the need of returning. USLegal.com (https://definitions.uslegal.com/g/go-hence-without-day/) Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). If you love the show, feel free to Buy Me a Coffee (https://www.buymeacoffee.com/Daiker)! Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Tom Hall.

    Episode 21: A Lawyer Walks into a Bar

    Play Episode Listen Later Jan 19, 2020 47:25


    This week's first guest is lawyer comedian Andrea Coleman (https://www.andreacolemancomedy.com) from New York City. When not working as a senior trial attorney, she is doing stand-up comedy, acting, and writing. My second guest is appellate specialist Nick Shannin (https://shanninlaw.com/nicholas-a-shannin/) of the Shannin Law Firm, P.A. (https://shanninlaw.com) in Orlando. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: (ddaiker@shumaker.com). Please support our sponsor: Court Surety Bond Agency (http://courtsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Andrea Coleman and Nick Shannin.

    Happy New Year!

    Play Episode Listen Later Jan 1, 2020 1:42


    Thanks for listening. Our vacation is nearly over, and new content is coming in mid-January.

    Episode 20: Podcasting Appeal

    Play Episode Listen Later Dec 8, 2019 47:45


    This week's guest is appellate specialist Jared M. Krukar (https://www.kmf-law.com/attorneys/jared-m-krukar/) of Kynes Markman & Felman, P.A. (https://www.kmf-law.com). In this show, I answer a lot of the questions that listeners and colleagues have asked about the Issues on Appeal Podcast. The show has been divided into chapters to allow you to skip around topics if desired. *This is the last epside of Season 1. The show will be on hiatus until January 2020. * Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Commercial Surety Bond Agency (http://commercialsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Jared Krukar.

    Episode 19: Modern Professionalism

    Play Episode Listen Later Nov 24, 2019 47:25


    This week's guest is Sarah Lahlou-Amine (https://www.bankerlopez.com/sarahlahlouamine) of the Banker Lopez Gassler (https://www.bankerlopez.com) law firm. Oath of Admission to the Florida Bar (https://www-media.floridabar.org/uploads/2017/04/oath-of-admission-to-the-florida-bar-ada.pdf) Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@shumaker.com). Please support our sponsor: Commercial Surety Bond Agency (http://commercialsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Sarah Lahlou-Amine.

    Episode 18: Inmate Law Clerk

    Play Episode Listen Later Nov 10, 2019 52:20


    This week's guest is former inmate law clerk Andrew Conley, a paralegal at the Law Office of W. Charles Fletcher (https://www.fletcherpostconviction.com/) in Jacksonville. Phone: 904-349-6818. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@slk-law.com). Please support our sponsor: Commercial Surety Bond Agency (http://commercialsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Andrew Conley.

    Episode 17: Stories from Oral Argument - Part 2

    Play Episode Listen Later Oct 27, 2019 52:05


    This week's guests include: Kansas R. Gooden (https://www.boydjen.com/attorneys/kansas-r-gooden/) Steven M. Berman (https://www.shumaker.com/professionals/A-D/steven-m-berman) Nicholas A. Shannin (https://shanninlaw.com/nicholas-a-shannin/) Meghan O. Serrano (https://www.shumaker.com/professionals/O-S/meghan-o-serrano) Jared M. Krukar (https://www.kmf-law.com/attorneys/jared-m-krukar/) Sarah Lahlou-Amine (https://www.bankerlopez.com/sarahlahlouamine) Marie Attaway Borland (https://www.hwhlaw.com/legal-team/attorneys/attorney/Marie-Attaway-Borland) Please consider taking on some pro bono work through the Florida Bar Appellate Practice Section's Pro Bono Committee (http://www.flabarappellate.org/about_committee_PROB.asp). My thanks to all my guests who appeared on this show! I apologize for any issues with the sound quality this week relating to the unusual recording circumstances. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@slk-law.com). Please support our sponsor: Commercial Surety Bond Agency (http://commercialsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Jared Krukar, Kansas R. Gooden, Marie Attaway Borland, Meghan O. Serrano, Nick Shannin, Sarah Lahlou-Amine, and Steven M. Berman.

    Episode 16: Stories from Oral Argument - Part 1

    Play Episode Listen Later Oct 13, 2019 58:06


    This week's guests include: Ceci Berman (http://www.bhappeals.com/about/our-team#CeciBerman) Matthew Conigliaro (https://www.carltonfields.com/team/c/matthew-j-conigliaro) Jamie Moses (https://www.hklaw.com/en/professionals/m/moses-jamie-billotte) Joe Eagleton (http://www.bhappeals.com/about/our-team#JosephEagleton) Courtney Brewer (http://www.mills-appeals.com/courtney-brewer.html) Tom Elligett (https://www.belawtampa.com/attorneys/raymond-tom-elligett-jr/) Dineen Wasylik (https://ip-appeals.com/attorney-profile-dineen-pashoukos-wasylik/) Thomasina Moore (https://www.linkedin.com/in/thomasina-moore-97541657) Chris Donovan (https://www.ralaw.com/people/christopher-d-donovan) My thanks to all my friends on this episode who appeared on short notice! I apologize for issues with the sound quality this week relating to the unusual recording circumstances. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@slk-law.com). Please support our sponsor: Commercial Surety Bond Agency (http://commercialsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guests: Ceci Berman, Chris Donovan, Courtney Brewer, Dineen Wasylik, Jamie Moses, Joe Eagleton, Matthew J. Conigliaro, Raymond T. Elligett, Jr. , and Thomasina Moore.

    Episode 15: Appellate Workflows - Part 2

    Play Episode Listen Later Sep 29, 2019 63:33


    This week's guest is appellate specialist Chris Donovan (https://www.ralaw.com/people/christopher-d-donovan) of the Roetzel and Andress (https://www.ralaw.com) law firm in Naples. Please be sure to listen to the first part of this interview in Episode 12. Your host is Duane Daiker (https://www.shumaker.com/professionals/A-D/duane-a-daiker), a board certified appellate lawyer in the Tampa office of Shumaker, Loop & Kendrick, LLP (https://www.shumaker.com). You can reach him at: ddaiker@shumaker.com (ddaiker@slk-law.com). Please support our sponsor: Commercial Surety Bond Agency (http://commercialsurety.com/). CSBA is the nation's leading surety agency specializing in supersedeas bonds. (877-810-5525). Please follow the show on Twitter (https://twitter.com/IssuesonAppeal), and consider subscribing and rating the show on iTunes. Special Guest: Chris Donovan.

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