Zone of Risk

Happy Holidays!

In March 2022, Judge Adalberto Jordan of the U.S. Court of Appeals for the 11th Circuit and Judge Kevin Emas of Florida's Third District Court of Appeal sat down with Robert to talk about legal writing. They gave their views from the bench on what makes legal writing good (and not so good).

Whether you are new to Summarily or an avid listener, you do not want to miss what the judges have to say.

Summarily will be back with new episodes in 2024! Stay tuned.  

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or Monetary gain without the expressed, written consent of the podcast’s creator is prohibited.

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

Robert and Lindsey play catchup for October and November. 

• Kenney v. State, 2d DCA (preservation; impeachment).
• Baxter v. State, 5th DCA (4th Amendment). See Owens v. State, 317 So. 3d 1218 (Fla. 2d DCA 2021)  (“regardless of whether the smell of marijuana is indistinguishable from that of hemp, the smell . . . from a vehicle continues to provide probable cause for a warrantless search of the vehicle”).
• Freeman v. State, 1st DCA (stand your ground).
• Parson v. State, 1st DCA (ordering trial court to issue order to explain reasoning). 
• Rivera v. State, 4th DCA (“pre-trying”). 
• Normandy Ins. Co. v. Bouayad, 1st DCA (prior panel rule). See A Not-so-Little Problem with Precedent: Intra-District Conflict in Florida District Courts of Appeal (by Kimberly Kanoff Berman, Adam Richardson, and Robert Scavone Jr.).
• Nepola v. Nepola, 4th DCA (en banc) (child support guidelines).
• Green v. State, 5th DCA (newly discovered evidence). 
• Citizens of Florida v. Clark, FSC (preservation; rule 1.530).
• Aileen and Samuels v. Univ. Prop. & Cas. Ins. Co., 4th DCA (preservation; objection to verdict form). 
• Pine v. Pine, 4th DCA (attorneys’ fees)
• Kuschnitzky v. Marasco, 1st DCA (injunction for protection against sexual violence).  

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.   

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast f

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

Co-host, Jennifer Opiola, joined Robert to review a handful of opinions from November dealing with a variety of important issues: 

• Homeowners Choice Prop. & Cas. Ins. Co., Inc. v. Thompson, 1st DCA (discovery).
• Hughes v. Univ. Prop. & Cas. Ins. Co., 6th DCA (pre-suit notice; substance vs. procedure).
• People’s Tr. Ins. Co. v. Gunsser, 6th DCA (policy exclusions). 

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.   

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

The 100th Episode

I started this podcast with the goal of providing lawyers with free CLE courses, caselaw updates, and practice tips, and that is what’s in store on this episode. I sat down with Jeffery DeSousa, the Chief Deputy Solicitor General in the Florida Attorney General’s Office to talk about oral Advocacy.

Jeff focuses on criminal appeals and constitutional litigation, primarily in the U.S. and Florida Supreme Courts, the Eleventh Circuit Court of Appeal, and the Florida district courts. A graduate of Georgetown Law, Jeff has worked on hundreds of appellate cases and presented oral argument in approximately 70, including 17 in the Florida Supreme Court.

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

Richard W. Painter joined Robert to discuss the U.S. Supreme Court's new code of conduct, which outlines how the justices "should" conduct themselves.

Richard served as chief ethics lawyer to President George W. Bush and as Associate Counsel in the White House Counsel’s Office during the Bush administration. He has testified many times before Congress on issues related to ethics in government. His forthcoming article SCOTUS House: Can a Supreme Court Ethics Lawyer and Inspector General Help Get this Fraternity under Control examines recent ethics scandals at the high court and outlines how a supreme court inspector general and congress can assure the justices uphold their duty to be faithful to the law. Richard teaches at the University of Minnesota Law School.

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

The data says the average attention span went from two-a-half minutes in 2003 to forty-seconds by 2020. Diminished attention is particular problematic for lawyers who are bombarded with emails, texts, calls, and social media alerts while trying to work. As our attention span diminishes so, too, does productivity and happiness.
 
 Dr. Gloria Mark joined Robert to talk about our cognitive bandwidth, how we get distracted, what social media is doing to our attention span, and steps lawyers can take to help limit distractions. You can register for Dr. Mark's substack, The Future of Attention, here.

Dr. Mark is Chancellor’s Professor of Informatics at the University of California, Irvine. She received her Ph.D. from Columbia University in psychology and studies the effect of digital media on people’s lives. Her recent book, Attention Span, explores the fundamental shift in how we work in the digital age, why we are distracted, and how we can restore balance, happiness and productivity in our lives.

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

Co-host Jennifer Opiola joined Robert to review an important pre-suit demand case, and a cautionary tale about the benefits of motions in limine.

• Citizens Prop. Ins. v. Salazar, 3d DCA (motions in limine).
• Mercury Indem. Co. of Am.  v. Cent. Fla. Med. & Chiropractic Ctr., 5th DCA (pre-suit demand letters; safe harbor).

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

Litigation often involves expert witnesses. Indeed, many cases rise and fall based on expert testimony. So nailing down what an expert will and will not testify about is critical to success. But deposing experts can be challenging.

On this episode, Robert sat down with Sia Baker-Barnes to discuss deposing expert witnesses. Sia shared her advice on how to prepare for expert depositions and how to conduct depositions with an eye towards cross-examination.

This episode has been approved by The Florida Bar for 1 hour of CLE credit. The course number is provided towards the end of the episode. 

Sia is a shareholder at Searcy Denney Scarola Barnhart & Shipley, P.A., and is board certified in civil trial practice. She has been practicing law for more than 20 years, and has obtained numerous multi-million dollar verdicts representing plaintiffs in personal injury, medical negligence, and product liability cases.

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

Robert and Lindsey review opinions from September.

CPPB, LLC v. Taurus Apopka City Ctr., LLC, 6th DCA (denial of motion to dissolve lis pendens).
Greathouse v. State, 2d DCA (preservation of cause challenge).
Collins v. State, 5th DCA (evidentiary hearing; newly discovered evidence).
Gurolla v. State, 5th DCA (discovery violation).
State v. Victorino and Hunter, 5th DCA (applicability of amended death penalty statute).
In Re: Jane Doe, 5th (judicial waiver where a minor seeks abortion).
T.G. United, Inc. v. AADD Properties, LLC, 5th DCA (eviction proceedings; court  registry).
City of Jacksonville v. Jacksonville Hosp. Holdings, L.P., 11th Cir. (voluntary dismissal under rule 41).

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.   

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

What do judges expect from lawyers? How can lawyers be more effective at hearings and in motion practice? What frustrates judges most? Chief Judge Jack Tuter of the 17th Judicial Circuit joined me to discuss best practices. His valuable insight is something every litigator should hear.

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.   

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com