Continued from page 18
issue. 14 The court also held that
the defendants’ objections at the
outset of trial, as well as in post-
trial memoranda requested by the
trial court, were sufficient to avoid
any trial by consent. 15
In conclusion, the Derouin
opinion is a useful tool for trial and
appellate lawyers alike to keep in
their respective tool bags. It collects
and refreshes older principles,
giving practitioners the opportunity
to raise them anew in future cases.
I represented the successful
appellants in this appeal, so Appellate
Section Chairs Joe Eagleton and Tom
Seider approached me to write a brief
synopsis for the Lawyer. I agreed so
long as I was authorized to blame them
1
for the article. The deal was struck
and here we are.
2 Voges v. Ward, 123 So. 785, 793
(Fla. 1929).
3 Derouin, 2018 WL 3999415, at *5.
4 Id. at *3.
5 Id.
6 Id. at *2.
7 Id.
8 Id.
9 Id. at *4.
10 Id. at *5.
11 Id. at *5 – 6.
12 Id. at *7.
13 Id. at *6.
14 Id. at *6 – 7.
15 Id.
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