HCBA Lawyer Magazine Vol. 29, No. 2 | Page 21

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. Author: Jared M. Krukar - DPW Legal Want to advertise your business to THOUSANDS OF ATTORNEYS in the Tampa Bay area? Call (813) 221-7777 for more information. NOV - DEC 2018 | HCBA LAWYER 19