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A Florida appeals court has effectively opened a loophole in the state's long-standing law against recording telephone conversations without the permission of both sides of the call, ruling that ...
The California Supreme Court ruled in 2006 that if a caller in a one-party state records a conversation with someone in California, that one-party state caller is subject to the stricter of the laws and must have consent from all callers (cf. Kearney v. Salomon Smith Barney Inc., 39 Cal. 4th 95 [61]).
District court of appeal judges, like Florida Supreme Court justices, are first recommended by the Florida Judicial Nominating Commission. They are then appointed by the governor of Florida , but have retention elections every six years, in which voters are asked on the ballot to vote whether the judge should be retained in office.
Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.)
In light of the arrest of a South Carolina government employee for tape recording a conversation between co-workers, I thought I'd discuss a question I'm asked all the time in my law practice: ...
The Williams Rule is based on the holding in the Florida state case of Williams v. State [ 1 ] in which relevant evidence of collateral crimes is admissible at jury trial when it does not go to prove the "bad character" or "criminal propensity" of the defendant but is used to show motive, intent, knowledge, modus operandi , or lack of mistake.
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. [ 1 ] [ 2 ] [ 3 ] A court clerk or a court reporter takes down a record of oral proceedings. [ 4 ]
The Florida Constitution, in Article V, Section 2(a), vests the power to adopt rules for the "practice and procedure in all courts" in the Florida Supreme Court, which has adopted the Florida Rules of Civil Procedure. Although Title VI of the Florida Statutes is labeled "Civil Practice and Procedure", the statutes it contains are limited to ...