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Publication Date

7-2010

Document Type

Survey Article

Abstract

The United States Court of Appeals for the Eleventh Circuit addressed a wide array of significant issues in the area of appellate practice and procedure in 2009. However, the most significant decision for the Eleventh Circuit in the area of appellate procedure came from the United States Supreme Court. In Mohawk Industries, Inc. v. Carpenter, the Supreme Court affirmed a 2008 Eleventh Circuit decision in which the court held that the collateral order doctrine does not allow for an immediate appeal of an order requiring the disclosure of evidence purportedly protected by the attorney-client privilege. Accordingly, this Article will first discuss Carpenter in the context of the Eleventh Circuit's appellate jurisdiction under the collateral order doctrine and then discuss other significant cases in which the Eleventh Circuit elaborated upon the question of its jurisdiction. This Article will then discuss cases in which the Eleventh Circuit addressed issues such as the timeliness of the filing of a notice of appeal in criminal cases, the preservation of error in cases referred to magistrate judges, and a number of cases deciding or elaborating upon the applicable standard of review.

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