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Florida Supreme Court Practice Appellate Practice Section Tallahassee Outreach Lunch March 19, 2010 Thomas D. Hall Clerk of Court Florida Supreme Court.

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Presentation on theme: "Florida Supreme Court Practice Appellate Practice Section Tallahassee Outreach Lunch March 19, 2010 Thomas D. Hall Clerk of Court Florida Supreme Court."— Presentation transcript:

1 Florida Supreme Court Practice Appellate Practice Section Tallahassee Outreach Lunch March 19, 2010 Thomas D. Hall Clerk of Court Florida Supreme Court

2 Rules of Procedure Rules of Procedure  Appellate  Judicial Administration IOP’s IOP’s Website – Website – “Operation & Jurisdiction of Fla. S. Ct.” 29 Nova L. Rev. 433 (2005) “Operation & Jurisdiction of Fla. S. Ct.” 29 Nova L. Rev. 433 (2005)

3 Questions as we go. Questions as we go. What this is Not!! What this is Not!!  How to write a better brief  How to do a better oral argument

4 Make It Shorter!

5 Stats Discretionary Review Cases Discretionary Review Cases Filed1010 Filed1010 Accepted 82 Accepted 82 % 8% % 8% Filed1055 Filed1055 Accepted 118 Accepted 118 %11% %11%

6 Stats (continued) Discretionary Review Cases (continued) Discretionary Review Cases (continued) Filed1073 Filed1073 Accepted 152 Accepted 152 % 14% % 14% Filed 987 Filed 987 Accepted 139 Accepted 139 %14% %14%

7 Stats (continued) Discretionary Review Cases (continued) Discretionary Review Cases (continued) Filed 942 Filed 942 Accepted 81 Accepted 81 % 8% % 8% Filed 810 Filed 810 Accepted 100 Accepted 100 %12% %12%

8 Stats Cases Filed2426 Cases Filed2426 Mandatory Review Mandatory Review Statutory or Constitutional Invalidity177 Statutory or Constitutional Invalidity177 Criminal124 Criminal124 Discretionary Review Discretionary Review Statutory Validity8 Statutory Validity8 Civil6 Civil6 Criminal2 Criminal2

9 Stats (continued) Discretionary Review (continued) Discretionary Review (continued) Constitutional Construction16 Constitutional Construction16 Civil11 Civil11 Criminal5 Criminal5 Class of Constitutional Officers5 Class of Constitutional Officers5 Civil3 Civil3 Criminal2 Criminal2 Direct Conflict of Decisions720 Direct Conflict of Decisions720 Civil255 Civil255 Criminal465 Criminal465

10 Stats (continued) Discretionary Review (continued) Discretionary Review (continued) Certified Great Public Importance27 Certified Great Public Importance27 Civil20 Civil20 Criminal7 Criminal7 Certified Direct Conflict22 Certified Direct Conflict22 Civil9 Civil9 Criminal13 Criminal13 Certified Questions from U.S.S.C. Certified Questions from U.S.S.C. or U.S.C.A.6 Civil6 Civil6

11 Stats (continued) Original Proceedings Original Proceedings Petition-Belated Discretionary Review15 Petition-Belated Discretionary Review15 Civil3 Civil3 Criminal12 Criminal12 Analysis of Case Dispositions Analysis of Case Dispositions Opinions47 Opinions47 Civil30 Civil30 Criminal17 Criminal17 Per Curiam Opinions169 Per Curiam Opinions169 Civil71 Civil71 Criminal98 Criminal98

12 Stats (continued) Discretionary Review Cases Granted Review Discretionary Review Cases Granted Review Certified Direct Conflict32 Certified Direct Conflict32 With Oral Argument12 With Oral Argument12 Civil5 Civil5 Criminal7 Criminal7 Without Oral Argument20 Without Oral Argument20 Criminal20 Criminal20

13 Stats (continued) Discretionary Review Cases Granted Review (continued) Discretionary Review Cases Granted Review (continued) Certified Great Public Importance22 Certified Great Public Importance22 With Oral Argument12 With Oral Argument12 Civil9 Civil9 Criminal3 Criminal3 Without Oral Argument10 Without Oral Argument10 Civil3 Civil3 Criminal7 Criminal7

14 Stats (continued) Discretionary Review Cases Granted Review (continued) Discretionary Review Cases Granted Review (continued) Direct Conflict of Decisions36 Direct Conflict of Decisions36 With Oral Argument13 With Oral Argument13 Civil6 Civil6 Criminal7 Criminal7 Without Oral Argument23 Without Oral Argument23 Civil7 Civil7 Criminal16 Criminal16

15 Stats (continued) Total Discretionary Review Cases Granted Review90 Total Discretionary Review Cases Granted Review90 With Oral Argument37 With Oral Argument37 Civil20 Civil20 Criminal17 Criminal17 Without Oral Argument53 Without Oral Argument53 Civil10 Civil10 Criminal43 Criminal43

16 GETTING STARTED Invoking Jurisdiction Invoking Jurisdiction Appeal Appeal Discretionary Discretionary Writ Writ

17 NOTICE OF APPEAL Same rules as if regular appeal to DCA Same rules as if regular appeal to DCA Effective July 1, 2008, a $295 filing fee required for notice of cross-appeal, joinder or motion to intervene. Effective July 1, 2008, a $295 filing fee required for notice of cross-appeal, joinder or motion to intervene. Note – not required for cross notice to involve discretionary jurisdiction. Note – not required for cross notice to involve discretionary jurisdiction.

18 MOTIONS Emergency Motions Emergency Motions  Style motion heading with “emergency”  Give date certain when needed and why in first paragraph of pleading  Provide advance notice to clerk if late in day, otherwise the Court might be gone  Give position of other parties  Serve all parties by same method as court

19 MOTIONS Specific Motions Specific Motions  Extensions of time - File before due date - State reasons - Opposing counsel’s position must be stated - Give a date certain - If not ruled on by date requested - file

20 BRIEFS Jurisdictional Briefs Jurisdictional Briefs  Ten pages only – no enlargement of brief ever granted  Nothing in appendix but decision being appealed

21 SUPPLEMENTAL AUTHORITY Matters Discovered After Last Brief Filed Matters Discovered After Last Brief Filed List Issues to Which it Applies List Issues to Which it Applies NO ARGUMENT NO ARGUMENT File Original and Seven Copies File Original and Seven Copies Serve Opposing Counsel Serve Opposing Counsel

22 Important Cases Sims v. State, 998 So. 2d 494 (Fla. 2008) Sims v. State, 998 So. 2d 494 (Fla. 2008) Baker v. State, 878 So. 2d 1236 (Fla. 2004) Baker v. State, 878 So. 2d 1236 (Fla. 2004) Tyson v. Florida Bar, 826 So. 2d 265 (Fla. 2002) Tyson v. Florida Bar, 826 So. 2d 265 (Fla. 2002) Logan v. State, 846 So. 2d 472 (Fla. 2003) Logan v. State, 846 So. 2d 472 (Fla. 2003) Johnson v. State, 974 So. 2d 363 (Fla. 2008) Johnson v. State, 974 So. 2d 363 (Fla. 2008)

23 Rule Public Access to Judicial Branch Records ( i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § (3), Fla. Stat. ( i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § (3), Fla. Stat. Filers must identify the following information if contained within anything filed with the Court:

24 (ii) Adoption records. § , Fla. Stat. (ii) Adoption records. § , Fla. Stat. (iii) Social Security, bank account, charge, debit and credit card numbers in court records. § (1)(i)–(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to (2), this information is exempt only as of January 1, 2011.) (iii) Social Security, bank account, charge, debit and credit card numbers in court records. § (1)(i)–(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to (2), this information is exempt only as of January 1, 2011.)

25 (iv) HIV test results and patient identity within the HIV test results. § (3)(e), Fla. Stat. (iv) HIV test results and patient identity within the HIV test results. § (3)(e), Fla. Stat. (v) Sexually transmissible diseases - test results and identity within the test results. § , Fla. Stat. (v) Sexually transmissible diseases - test results and identity within the test results. § , Fla. Stat. (vi) Birth and death certificates, including court-issued delayed birth certificates and fetal death certificates. §§ (6),.025(1)(a), Fla. Stat. (vi) Birth and death certificates, including court-issued delayed birth certificates and fetal death certificates. §§ (6),.025(1)(a), Fla. Stat.

26 (vii) Identifying information in petition by minor for waiver of parental notice when seeking to terminate pregnancy. § , Fla. Stat. (vii) Identifying information in petition by minor for waiver of parental notice when seeking to terminate pregnancy. § , Fla. Stat. (viii) Identifying information in clinical mental health records under the Baker Act. § (7), Fla. Stat. (viii) Identifying information in clinical mental health records under the Baker Act. § (7), Fla. Stat.

27 (ix) Records of substance abuse service providers which pertain to the identity, diagnosis, and prognosis of and service provision to individual clients of substance abuse service providers. § (7), Fla. Stat. (ix) Records of substance abuse service providers which pertain to the identity, diagnosis, and prognosis of and service provision to individual clients of substance abuse service providers. § (7), Fla. Stat. (x) Identifying information in clinical records of detained criminal defendants found incompetent to proceed or acquitted by reason of insanity. § (8), Fla. Stat. (x) Identifying information in clinical records of detained criminal defendants found incompetent to proceed or acquitted by reason of insanity. § (8), Fla. Stat.

28 (xi) Estate inventories. § (1), Fla. Stat. (xi) Estate inventories. § (1), Fla. Stat. (xii) Victim’s address in domestic violence action on petitioner’s request. § (3), Fla. Stat. (xii) Victim’s address in domestic violence action on petitioner’s request. § (3), Fla. Stat. (xiii) Information identifying victims of sexual offenses, including child sexual abuse. §§ (2)(h),.0714(1)(h), Fla. Stat. (xiii) Information identifying victims of sexual offenses, including child sexual abuse. §§ (2)(h),.0714(1)(h), Fla. Stat. (xiv) Gestational surrogacy records. § (9), Fla. Stat. (xiv) Gestational surrogacy records. § (9), Fla. Stat.

29 (xv) Guardianship reports and orders appointing court monitors in guardianship cases. §§ ,.3701, Fla. Stat. (xv) Guardianship reports and orders appointing court monitors in guardianship cases. §§ ,.3701, Fla. Stat. (xvi) Grand jury records. Ch. 905, Fla. Stat. (xvi) Grand jury records. Ch. 905, Fla. Stat. (xvii) Information acquired by courts and law enforcement regarding family services for children. § (3)-(4), Fla. Stat. (xvii) Information acquired by courts and law enforcement regarding family services for children. § (3)-(4), Fla. Stat.

30 (xviii) Juvenile delinquency records. § (1),.045(2), Fla. Stat. (xviii) Juvenile delinquency records. § (1),.045(2), Fla. Stat. (xix) Information disclosing the identity of persons subject to tuberculosis proceedings and Records of the Department of Health in suspected tuberculosis cases. §§ ,.65, Fla. Stat. (xix) Information disclosing the identity of persons subject to tuberculosis proceedings and Records of the Department of Health in suspected tuberculosis cases. §§ ,.65, Fla. Stat.

31 ADA Accessibility – Proposed Rule of Judicial Administration (no number yet)  Accessibility. All documents that are transmitted to a court in any electronic form shall be formatted in a manner that complies with all state and federal laws requiring that electronic judicial records be accessible to persons with disabilities, including without limitation the Americans with Disabilities Act and Section 508 of the federal Rehabilitation Act of 1973 as incorporated into Florida law by section (1), Florida Statutes (2009), and any related federal or state regulations or administrative rules.

32 Committee Note 2009 Amendment. Normally, any document filed in “Word” format, with the correct internal document formatting will satisfy the requirements of this rule. Such formatting includes appropriate coding for certain material, including but not limited to non-text, graphics, charts, and other specialized material, and pdf documents, so that readily available software can make such material accessible to persons with disabilities. The Florida Supreme Court website or materials made available by the Florida Supreme Court should be consulted for further technical information regarding document formatting in compliance with this rule Amendment. Normally, any document filed in “Word” format, with the correct internal document formatting will satisfy the requirements of this rule. Such formatting includes appropriate coding for certain material, including but not limited to non-text, graphics, charts, and other specialized material, and pdf documents, so that readily available software can make such material accessible to persons with disabilities. The Florida Supreme Court website or materials made available by the Florida Supreme Court should be consulted for further technical information regarding document formatting in compliance with this rule.

33 Any Questions?

34 The End


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