Course 9844

The Florida Bar Appellate Practice Section presents “Didn’t You Hear Me the First Time? Successfully Navigating Motions for Rehearing, Rehearing En Banc, and to Certify Questions,” featuring appellate judges Monica Gordo, Adrian G. Soud, and Ross L. Bilbrey. This program will explore the strategic use of post-decision motions in Florida appellate practice, including when such motions are appropriate, how they are evaluated by appellate courts, and the common pitfalls practitioners should avoid.

LEARNING OBJECTIVES:

As a result of attending this session, the learner will be better able to:

1. Identify the procedural requirements and strategic considerations governing motions for rehearing, rehearing en banc, and certification
2. Distinguish between arguments that properly support post-decision relief and those that risk undermining counsel’s credibility with the court.
3. Analyze the standards appellate courts apply when evaluating motions for rehearing, en banc consideration, and certification of questions of great public importance or conflict.
4. Develop practical strategies for drafting concise, persuasive post-decision motions.

FACULTY BIOGRAPHIES:

Hon. Monica Gordo, of Miami, has served on the Third District Court of Appeal since her appointment by Governor Ron DeSantis in 2019. Before joining the appellate bench, Judge Gordo served for more than eight years as an Eleventh Judicial Circuit Court Judge, presiding over criminal, civil, and family matters, and also served as Associate Administrative Judge of the Circuit Court Appellate Division. Prior to her judicial service, she spent more than eleven years as an Assistant State Attorney in Miami-Dade County, where she supervised felony divisions and prosecuted homicide and career criminal cases. A Miami native, Judge Gordo graduated with honors from the University of Miami School of Business and cum laude from the University of Miami School of Law, and she remains active in judicial education and legal instruction through statewide committee service and as an adjunct professor teaching Litigation Skills.

Hon. Ross Bilbrey, of Tallahassee, has served on Florida’s First District Court of Appeal since 2015 following his appointment by Governor Rick Scott. Before joining the appellate bench, Judge Bilbrey served as both a circuit and county court judge in the First Judicial Circuit, presiding over a broad range of criminal, civil, family, probate, and juvenile matters. Prior to his judicial service, he practiced complex civil and commercial litigation and also served as a legal assistance attorney with the Judge Advocate General Corps at NAS Pensacola, where he assisted thousands of service members and their families and was recognized as Civilian of the Year following the September 11 attacks. A graduate of the University of Florida and the University of Florida College of Law, Judge Bilbrey has also taught criminal law, criminal procedure, and evidence as an adjunct professor at the University of West Florida.

Hon. Adrian Soud, of Jacksonville, FL, was appointed to Florida’s Fifth District Court of Appeal by Governor Ron DeSantis in 2023 after more than a decade of service on the Fourth Judicial Circuit Court in Jacksonville. During his time on the circuit bench, Judge Soud presided over criminal, civil, family, appellate, probate, and juvenile matters, and served as Administrative Judge of the Circuit Felony divisions in Duval County. Before taking the bench, he practiced litigation at Holland & Knight LLP and later as a partner at The Soud Law Firm, handling a broad range of civil matters in state and federal court. A Jacksonville native, Judge Soud is active in civic and educational organizations, frequently lectures on constitutional principles, and earned his law degree, cum laude, from Stetson University College of Law, where he was a member of the nationally recognized trial team.