Archive for September 2023

As many legal practitioners are aware, the failure to provide an appellate court with a transcript of the lower court proceeding will often lead to an affirmance.  Appellate courts routinely cite the infamous Applegate case, when affirming for lack of a transcript.  Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979).…

Under the home venue privilege, “venue in civil actions brought against the state or one of its agencies or subdivisions, absent waiver or exception, properly lies in the county where the state, agency, or subdivision, maintains its principal headquarters.”  Carlile v. Game & Fresh Water Fish Comm’n, 354 So. 2d 362, 363-64 (Fla. 1977). The…