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Issues on Appeal

Duane A. Daikerwww.issuesonappeal.com
Board Certified Appellate Specialist Duane Daiker interviews members of Florida's appellate community about timely and timeless issues of appellate practice and professionalism.
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Episodes

Episode 40: Merely a Footnote

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 ce...

Oct 26, 202034 minEp. 40

Episode 39: Reading the Law with Scalia and Garner

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:...

Oct 12, 202018 minEp. 39

Episode 38: RBG

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 (...

Sep 28, 202039 minEp. 38

Episode 37: Stump the Chump

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://courts...

Sep 14, 202054 minEp. 37

Episode 36: Mooting as Practice

My guests are Peter Webster (https://www.carltonfields.com/team/w/peter-d-webster) and Christine 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...

Aug 31, 202038 minEp. 36

Episode 35: Jurisdiction, It is A-Changin'

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 bo...

Aug 17, 202031 minEp. 35

Episode 34: Very Superstitious... Part 2

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 F...

Aug 03, 202049 minEp. 34

Episode 33: Very Superstitious... Part 1

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 ...

Jul 20, 202033 minEp. 33

Episode 32: Argument in Reply

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...

Jul 06, 202048 minEp. 32

Episode 31: Considerations on Finality

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 Suret...

Jun 22, 202046 minEp. 31

Episode 30: Zooming at the High Court

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 (ht...

May 25, 202039 minEp. 30

Episode 29: Lessons from the Pandemic

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 (h...

May 11, 20201 hr 3 minEp. 29

Episode 28: Attorney Wellness

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...

Apr 27, 202036 minEp. 28

Episode 27: Hanging a Shingle

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 nati...

Apr 13, 202044 minEp. 27

Episode 26: The Atkins Award

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:/...

Mar 30, 202036 minEp. 26

Episode 25: Working Remotely

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 an...

Mar 15, 202048 minEp. 25

Episode 24: Grammar Girl Gets Legal

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=A...

Mar 02, 202035 minEp. 24

Episode 23: APS Live!

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 w...

Feb 17, 202035 minEp. 23

Episode 22: Go Hence Without Day

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.s...

Feb 03, 202050 minEp. 22

Episode 21: A Lawyer Walks into a Bar

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 i...

Jan 20, 202047 minEp. 21

Happy New Year!

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

Jan 02, 20202 min

Episode 20: Podcasting Appeal

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 (htt...

Dec 09, 201948 minEp. 20

Episode 19: Modern Professionalism

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 ...

Nov 25, 201947 minEp. 19

Episode 18: Inmate Law Clerk

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: Comme...

Nov 11, 201952 minEp. 18

Episode 17: Stories from Oral Argument - Part 2

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...

Oct 28, 201952 minEp. 17

Episode 16: Stories from Oral Argument - Part 1

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.co...

Oct 14, 201958 minEp. 16

Episode 15: Appellate Workflows - Part 2

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@shumak...

Sep 30, 20191 hr 4 minEp. 15

Episode 14: Amicus Briefs

This week's guest is appellate specialist Bryan Gowdy (http://www.appellate-firm.com/our-lawyers/bryan-gowdy.aspx) of the Creed & Gowdy (http://www.appellate-firm.com/) law firm in Jacksonville. Phone: 904-350-0075. 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...

Sep 16, 201942 minEp. 14

Episode 13: Evaluating a PCA (Bonus: Ironman Cork)

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). Dineen's PCA Blog Post (https://floridaappellate.com/2014/02/16/florida-appeals-101-what-is-a-pca/?fbclid=IwAR1OAXr4RbCxDmwz4I-E5KBtpbUWam4druoN-Zl8NkF74EvJ6glmruMQB-s) Confronting a PCA: Finding a Path Around a Brick Wall (...

Sep 02, 20191 hr 18 minEp. 13

Episode 12: Appellate Workflows - Part 1

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. Part 2 of this interview can be heard in Episode 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@slk-law...

Aug 05, 20191 hr 5 minEp. 12
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