Appeals from County Court to Circuit Court Appellate Division
|
|
- Ella Beasley
- 5 years ago
- Views:
Transcription
1 Appeals from County Court to Circuit Court Appellate Division Andrew Paul Kawel Kawel pllc September 23, 2016 Contents 1 Preliminary Note 2 2 Basis of Circuit-Court Appellate Jurisdiction Art. V, 5, Fla. Const Section , Fla. Stat Rule 9.030, Fla. R. App. P What is general law? Local Rules and Administrative Orders 3 4 Proposed Rule Changes Rule 9.030(c)(4): Three-judge Panels Mandatory Appealable Orders 4 6 Practice Pointers 4 A Appendix: Administrative Order B Appendix: Local Rules 9 C Appendix: Map to Appellate Clerk s Office 11 1
2 1 Preliminary Note As always, do your own legal research and update it frequently! 2 Basis of Circuit-Court Appellate Jurisdiction 2.1 Art. V, 5, Fla. Const. (a) Organization. There shall be a circuit court serving each judicial circuit. (b) Jurisdiction. The circuit courts shall have original jurisdiction not vested in the county courts, and jurisdiction of appeals when provided by general law. They shall have the power to issue writs of mandamus, quo warranto, certiorari, prohibition and habeas corpus, and all writs necessary or proper to the complete exercise of their jurisdiction. Jurisdiction of the circuit court shall be uniform throughout the state. They shall have the power of direct review of administrative action prescribed by general law. Art. V, 5, Fla. Const. (italics supplied). 2.2 Section , Fla. Stat. (1) Circuit courts shall have jurisdiction of appeals from county courts except appeals of county court orders or judgments declaring invalid a state statute or a provision of the State Constitution and except orders or judgments of a county court which are certified by the county court to the district court of appeal to be of great public importance and which are accepted by the district court of appeal for review. Circuit courts shall have jurisdiction of appeals from final administrative orders of local government code enforcement boards. (2) They shall have exclusive original jurisdiction: (a) In all actions at law not cognizable by the county courts; (b) Of proceedings relating to the settlement of the estates of decedents and minors, the granting of letters testamentary, guardianship, involuntary hospitalization, the determination of incompetency, and other jurisdiction usually pertaining to courts of probate; (c) In all cases in equity including all cases relating to juveniles except traffic offenses as provided in chapters 316 and 985; (d) Of all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged; (e) In all cases involving legality of any tax assessment or toll or denial of refund, except as provided in s ; (f) In actions of ejectment; and (g) In all actions involving the title and boundaries of real property. (3) The circuit court may issue injunctions. (4) The chief judge of a circuit may authorize a county court judge to order emergency hospitalizations pursuant to part I of chapter 394 in the absence 2
3 from the county of the circuit judge; and the county court judge shall have the power to issue all temporary orders and temporary injunctions necessary or proper to the complete exercise of such jurisdiction. (5) A circuit court is a trial court , Fla. Stat. (italics supplied). 2.3 Rule 9.030, Fla. R. App. P. RULE JURISDICTION OF COURTS.... (c) Jurisdiction of Circuit Courts. (1) Appeal Jurisdiction. The circuit courts shall review, by appeal (A) final orders of lower tribunals as provided by general law; (B) non-final orders of lower tribunals as provided by general law; (C) administrative action if provided by general law.... Rule 9.030, Fla. R. App. P. 2.4 What is general law? Many cases discuss this matter, but in general, a legislative enactment that has uniform applicability within a permissible class is a general law. E.g., City of Miami v. McGrath, 824 So. 2d 143, 148 (Fla. 2002). 3 Local Rules and Administrative Orders Local Rules: Appellate Division Rules appended. Administrative Orders: Note that these are unofficial copies (no signatures). AO 09-49: In re: Designation of County Court Judges as Acting Circuit Court Judges of the Appellate Division for the Eleventh Judicial Circuit of Florida This AO is appended. Check your panel: you may have grounds for a procedural objection. 3
4 4 Proposed Rule Changes 4.1 Rule 9.030(c)(4): Three-judge Panels Mandatory RULE JURISDICTION OF COURTS.... (c) Jurisdiction of Circuit Courts.... (4) Panels. Matters within the circuit court s jurisdiction under this rule shall be considered by a panel of 3 judges, and the concurrence of 2 judges shall be necessary to a decision. 5 Appealable Orders In general, only final orders of the county court are appealable (with nonfinal orders reviewable on plenary appeal). Final order is appealable once rendered. In general, 30 days to file notice of appeal. Notice of appeal is filed in the county court. Nonfinal orders are only appealable when provided by general law. This mainly applies to criminal law. See, e.g., (h), Fla. Stat. ( The state may appeal from:... All other pretrial orders, except that it may not take more than one appeal under this subsection in any case. ). District courts of appeal have jurisdiction to hear appeals from nonfinal orders rendered in the county court, which certify questions of great public importance, when the underlying order is otherwise appealable to the circuit court. State v. Ratner, 948 So. 2d 700, 705 (Fla. 2007). Certiorari review of nonfinal county-court orders is available. Aggrieved nonparties proceed by certiorari, not appeal. 6 Practice Pointers Get a court reporter: appellant has the burden to produce the record below, and failure to do so can be (and usually is) fatal. Get appellate counsel. Consider differences in the small-claims rules. Appellate dockets and documents now available on the web! 4
5 Three-judge panels per Local Rules (see Appendix B). Filing. No electronic filing. File in person (or by mail, if you dare) at the Courthouse Annex, 22 NW First Street, Third Floor, Miami, Florida (See map and photo in Appendix C.) Enter the building and take the elevators on the left to the third floor. Exit the elevator and head left. On your left-hand side is a Dutch door. Ring the bell. No dropbox, but most deadlines are for service, not filing. Paperwork. Motions. File one original copy. If you want a datestamped version for your records, bring a second copy. (But the original should now be available on the electronic docket.) Important: bring (or mail) preaddressed and stamped envelopes for the clerk one for each party! Briefs. File four copies: one original, plus three extra copies for the judges on the panel. If you want a datestamped version, bring a total of five copies. Record. Same rules as for briefs. Orders. Still sent by mail, but the Clerk is (unofficially, but helpfully) ing copies. Service. E-service rules apply as usual. Timing. Ten days to respond to motions. As usual, five extra days to serve answer and reply briefs, and responses to motions. Important: does not apply to orders! Oral argument. Sometimes at REGJB, sometimes at 73 W. Flagler. You can t find out which judges are on your panel until a few minutes before the argument. Other quirks. No en banc proceedings in circuit court (Rule doesn t apply to circuit court). Difficult to locate binding decisions. Florida Law Weekly Supplement is your friend; you may want to subscribe to it in additional to Westlaw or Lexis. Remember that small-claims rules don t provide for rehearing (impacts issue preservation). Getting help. Clerk s office staff is very helpful. Like everyone else at the courthouse, they deserve our respect and thanks. Main: Fax: Oral argument matters: Lisa Meleance is the case manager who schedules oral arguments. Her number is
6 A Appendix: Administrative Order
7 THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA CASE NO (Court Administration) ADMINISTRATIVE ORDER NO IN RE: DESIGNATION OF COUNTY COURT JUDGES AS ACTING CIRCUIT COURT JUDGES OF THE APPELLATE DIVISION FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA WHEREAS, the Appellate Division of the Circuit Court for the Eleventh Judicial Circuit handles a high volume of appellate cases to be determined by three-judge panels sitting in an appellate capacity, and; WHEREAS, said panels of three judges are comprised of Circuit Judges of each Division throughout the Circuit, which Judges are also responsible for handling their respective Division caseloads, and; WHEREAS, by Administrative Order issued each year, the undersigned cross-designates all County Judges to serve as Acting Circuit Judges when so designated by their respective Administrative Judges, and; WHEREAS, many County Judges have indicated a willingness to serve as Acting Circuit Judges in the Appellate Division, where appropriate, and; WHEREAS, a significant volume of the Appellate Division cases consists of appellate matters arising out of agency, zoning, or administrative action, not consisting of appellate review of County Court orders, and; NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the Eleventh Judicial Circuit of Florida, under Rule 2.215, of the Rules of Judicial Administration, it is hereby ORDERED: 1. The Administrative Judge of the Appellate Division of this Circuit is hereby authorized to designate County Judges to serve as Acting Circuit Judges of the Appellate Division, from time to time, as he may be so advised, to serve on Appellate Panels in agency, zoning, and administrative appeals or proceedings as a member of the three-judge panel; 2. Said Acting Circuit Judges so designated by the Administrative Judge of the Appellate Division shall not serve as the presiding judge in any such appellate review capacity, but as Associate Judge of the three-judge panel; - 1 -
8 3. In such agency, zoning and administrative appellate cases, the three-judge panel shall consist of two Circuit Judges and one Acting Circuit Judge as designated by the Administrative Judge of the Appellate Division; 4. The Administrative Judge of the Appellate Division shall coordinate with the Office of the Clerk in designating the three-judge panels, so that only one such agency, zoning, or administrative appeal will appear on any given oral argument date and the Acting Circuit Judge shall sit only for that appellate matter. 5. Notwithstanding the Acting Circuit Judge sitting as a member of the three-judge panel for agency, zoning and administrative appellate cases, a third Circuit judge will be available to comprise the three-judge panel for all other appellate matters scheduled on the same oral argument date. This Order shall take effect on January 1, 2010 and shall remain in full force and effect until further Order of the Court. DONE AND ORDERED in Chambers at Miami-Dade County, Florida, this day of November, JOEL H. BROWN, CHIEF JUDGE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA - 2 -
9 B Appendix: Local Rules 9
10 LOCAL RULE R-3-1 ESTABLISHMENT AND DEFINING JURISDICTION OF THE APPELLATE DIVISION OF THE CIRCUIT COURT. The Appellate Division of the Circuit Court is hereby established and will be responsible for the disposition of the following matters: Appeals from the County Court, Dade County. Petitions for writ of certiorari which seek review of a decision of any public body, city or county commission or council, administrative board or agency, or the County Court. The cases referred to in paragraphs numbered I and 2 will be captioned as in the "Appellate Division" of the Circuit Court and will be filed with the Clerk for the Appellate Division to be located in the Metropolitan Justice Building or Dade County Courthouse as designated by the Chief Judge from time to time. Such cases will be consecutively numbered. The cases referred to in paragraphs numbered I and 2 will be heard on their merits by three-judge panels of the Appellate Division, which panels will be determined by random selection among all the judges assigned to the division. Matters preliminary to final determination of such cases will be determined in accordance with rules of the Appellate Division to be hereinafter promulgated by the Chief Judge or Administrative Judge of the Appellate Division. Such other related matters as may be assigned or reassigned by the Chief Judge. NOTE: This Local Rule was approved by the Supreme Court of Florida on December 14, It amended the Local Rule previously approved.
11 C Appendix: Map to Appellate Clerk s Office Figure 1: Location of the Appellate Clerk s Office. Image from Google Maps, c Google. 11
12 Figure 2: Courthouse East, 22 W. Flagler St. Image from Google Maps, c Google. 12
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Page 1 of 5 Order Number 2015-18-Gen ADMINISTRATIVE ORDER ESTABLISHING PROCEDURES FOR CIRCUIT COURT APPEALS AND
More informationIN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. Administrative Order Gen
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order 2018-93-Gen ADMINISTRATIVE ORDER UPDATING PROCEDURES FOR CIRCUIT COURT APPEALS AND PETITIONS
More informationA The following shall be assigned to the appellate division:
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, STATE OF FLORIDA ADMINISTRATIVE ORDER 2015-13 RE: Appellate Division of the
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed June 6, 2018. Not final until disposition of timely filed motion for rehearing. Nos. 3D18-283, 3D18-285, 3D18-286, 3D18-287 Lower Tribunal
More informationIN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. Administrative Order Gen
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order 2019-6-Gen ADMINISTRATIVE ORDER UPDATING PROCEDURES FOR CIRCUIT COURT APPEALS AND PETITIONS
More informationRule Change #1998(14)
Rule Change #1998(14) Chapter 32. Colorado Appellate Rules Original Jurisdiction Certification of Questions of Law Rule 21. Procedure in Original Actions The entire existing C.A.R. Rule 21 is repealed
More informationTHE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO APPELLATE PROCEDURE
THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO. 2.01 APPELLATE PROCEDURE WHEREAS, the Circuit Court has jurisdiction to review by appeal the final judgments of the County Courts, except
More informationWHEREAS, the Appellate Division seeks to adopt various procedures which are currently in use in the Third District Court of Appeal; and
THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA CASE NO. 17-1 (Court Administration) ADMINISTRATIVE ORDER NO. 17-02 IN RE: ESTABLISHING CERTAIN FILING AND OTHER PROCEDURES IN THE CIRCUIT APPELLATE
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed July 09, 2014. Not final until disposition of timely filed motion for rehearing. No. 3D14-223 Lower Tribunal No. 13-152 AP Daniel A. Sepulveda,
More informationRECEIVED, 05/15/ :08:26 PM, Clerk, Supreme Court. Filing # E-Filed 05/15/ :03:35 PM
RECEIVED, 05/15/2017 02:08:26 PM, Clerk, Supreme Court Filing # 56432662 E-Filed 05/15/2017 02:03:35 PM prohibition and habeas corpus, and all writs necessary or proper to the complete exercise of their
More informationTHEREFORE, in accordance with the authority vested in the Chief Judge of the Eleventh Judicial Circuit of Florida, it is hereby ORDERED:
THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA CASE NO. 12-1 (Court Administration) ADMINISTRATIVE ORDER NO. 12-02 IN RE: ESTABLISHMENT OF PROCEDURE FOR APPOINTMENT OF COUNSEL IN CRIMINAL AND
More informationIN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA
IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA ADMINISTRATIVE ORDER S-2013-008 (Supersedes Administrative Order S-2012-052) CRIMINAL JUSTICE DIVISION PROCEDURES The procedures used for
More informationTHE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO ASSIGNMENT OF ALACHUA COUNTY CIRCUIT AND COUNTY CASES TO DIVISIONS
THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO. 9.01 ASSIGNMENT OF ALACHUA COUNTY CIRCUIT AND COUNTY CASES TO DIVISIONS In order to provide for the requirements of the Eighth Judicial Circuit
More informationUNDERSTANDING THE APPELLATE PROCESS IN THE FOURTH DISTRICT COURT OF APPEAL
UNDERSTANDING THE APPELLATE PROCESS IN THE FOURTH DISTRICT COURT OF APPEAL (Submitted by appellate lawyer members of the Palm Beach County Appellate Practice Committee) THE INFORMATION CONTAINED BELOW
More informationTITLE 6 - COURTS CHAPTER 1 - COURTS AND PROCEDURES
TITLE 6 - COURTS CHAPTER 1 - COURTS AND PROCEDURES Legislative History: Tohono O odham Code Title 6, Chapter 1, Courts and Procedures was passed by the Legislative Council on December 5, 2008 pursuant
More informationJune 19, 2015 PROPOSED REVISIONS TO LOCAL COURT RULES
SHERRI R. CARTER EXECUTIVE OFFICER / CLERK 111 NORTH HILL STREET LOS ANGELES, CA 90012-3014 June 19, 2015 PROPOSED REVISIONS TO LOCAL COURT RULES Pursuant to California Rules of Court, Rule 10.613(g),
More informationCRIMINAL COURT STEERING COMMITTEE HONORABLE JAY P. COHEN, CHAIR SC
Filing # 35626342 E-Filed 12/16/2015 03:44:38 PM AMENDED APPENDIX A RECEIVED, 12/16/2015 03:48:30 PM, Clerk, Supreme Court CRIMINAL COURT STEERING COMMITTEE HONORABLE JAY P. COHEN, CHAIR SC15-2296 RULE
More informationIN THE SUPREME COURT OF FLORIDA STATE OF FLORIDA S RESPONSE TO ORDER TO SHOW CAUSE
STATE OF FLORIDA, IN THE SUPREME COURT OF FLORIDA Appellant/Petitioner, v. Case No. SC08-1827 PUBLIC DEFENDER, ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, Appellee/Respondent. / STATE OF FLORIDA S RESPONSE TO
More informationNOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 TERRY WILLIAMS, Appellant, vs. THE STATE
More informationFifth Circuit Court of Appeal
SUMMARY Please remember that the information contained in this guide is a summary of the methods by which an individual unrepresented by counsel may apply to the Fifth Circuit Court of Appeal for relief
More informationNEW JERSEY APPELLATE PRACTICE HANDBOOK
NEW JERSEY APPELLATE PRACTICE HANDBOOK TENTH EDITION NEW JERSEY APPELLATE PRACTICE STUDY COMMITTEE OF THE NEW JERSEY STATE BAR ASSOCIATION NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION ONE CONSTITUTION
More informationCOURT OF APPEAL, FOURTH CIRCUIT STATE OF LOUISIANA
COURT OF APPEAL, FOURTH CIRCUIT STATE OF LOUISIANA PRO SE MANUAL Introduction This pamphlet is intended primarily to assist non-attorneys with the basic procedural steps which must be followed when filing
More informationNOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA SECOND DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ANDREW VICHICH, ) ) Petitioner, ) ) v. ) Case No. 2D00-3875 )
More informationDomestic Violence Injunction Case Management Guidelines
Florida State Courts System Office of the State Courts Administrator Office of Court Improvement Domestic Violence Injunction Case Management Guidelines June, 2006 This project was sponsored by Grant No.
More informationSECOND DISTRICT COURT OF APPEAL INTERNAL OPERATING PROCEDURES
SECOND DISTRICT COURT OF APPEAL INTERNAL OPERATING PROCEDURES October 15, 2015 TABLE OF CONTENTS Section 1. General Rules... 1 1.1 Scope and Purpose... 1 1.2 General Information... 1 1.3 Jurisdiction of
More informationPETITIONS FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF THE VIRGIN ISLANDS
L.A.R. Misc. 112 PETITIONS FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF THE VIRGIN ISLANDS 112.1 Considerations Governing Review on Certiorari (a) Review on writ of certiorari is not a matter of right,
More informationCOURT STRUCTURE OF TEXAS
COURT STRUCTURE OF TEXAS SEPTEMBER 1, 2008 Supreme Court (1 Court -- 9 Justices) -- Statewide Jurisdiction -- Final appellate jurisdiction in civil cases and juvenile cases. Court of Criminal Appeals (1
More informationFLORIDA RULES OF APPELLATE PROCEDURE TABLE OF CONTENTS
FLORIDA RULES OF APPELLATE PROCEDURE TABLE OF CONTENTS CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES... 4 RULE 9.010. EFFECTIVE DATE AND SCOPE... 6 RULE 9.020. DEFINITIONS... 7 RULE 9.030. JURISDICTION
More informationNC General Statutes - Chapter 7A Article 5 1
Article 5. Jurisdiction. 7A-25. Original jurisdiction of the Supreme Court. The Supreme Court has original jurisdiction to hear claims against the State, but its decisions shall be merely recommendatory;
More informationA QUICK GUIDE TO THE COURT
THE 26TH JUDICIAL DISTRICT OF NORTH CAROLINA A QUICK GUIDE TO THE COURT The Trial Court Administrator s Office T H E 2 6 T H J U D I C I A L D I S T R I C T O F N O R T H C A R O L I N A Mecklenburg County
More informationNova Law Review. He Who Seeks Equity Must Find the Court Which Does Equity - The Current Jurisdictional Conflict. Manuel R.
Nova Law Review Volume 19, Issue 1 1994 Article 13 He Who Seeks Equity Must Find the Court Which Does Equity - The Current Jurisdictional Conflict Manuel R. Valcarcel Copyright c 1994 by the authors. Nova
More informationIN THE CIRCUIT AND SUPERIOR COURTS OF LAGRANGE COUNTY
IN THE CIRCUIT AND SUPERIOR COURTS OF LAGRANGE COUNTY In the Matter of LaGrange ) County Local Court Rules ) NOTICE OF PROPOSED NEW LOCAL RULES AND AMENDMENTS TO CURRENT RULES, REQUEST FOR SUPREME COURT
More informationFLORIDA RULES OF APPELLATE PROCEDURE
FLORIDA RULES OF APPELLATE PROCEDURE 2008 Edition Rules reflect all changes through 969 So.2d 357. Subsequent amendments, if any, can be found at www.floridasupremecourt.org/decisions/rules.shtml. THE
More informationIN THE SUPREME COURT OF FLORIDA. v. Lower Tribunal No. 2D ON PETITION FOR DISCRETIONARY JURISDICTION BASED ON ALLEGED CONFLICT OF DECISIONS
Electronically Filed 07/31/2013 04:44:07 PM ET RECEIVED, 7/31/2013 16:48:32, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA ROBERT VON GOETZMAN Petitioner/Pro Se SC No. 13-9999 v.
More informationGENERAL INFORMATION. Judge Lynn N. Silvertooth Judicial Center 2002 Ringling Boulevard Sarasota, FL 34237
Hunter W Carroll Circuit Judge Lisa Fritz Judicial Assistant GENERAL INFORMATION Office Information: Judge Lynn N Silvertooth Judicial Center 2002 Ringling Boulevard Sarasota, FL 34237 Courtroom: Judge
More informationThe North Carolina Court of Appeals -- An Outline of Appellate Procedure
NORTH CAROLINA LAW REVIEW Volume 46 Number 4 Article 1 6-1-1968 The North Carolina Court of Appeals -- An Outline of Appellate Procedure Thomas W. Steed Jr. Follow this and additional works at: http://scholarship.law.unc.edu/nclr
More informationA Guide for SelfRepresentation
A Guide for SelfRepresentation Maryland Court of Special Appeals 2016 CONTENTS Introductory Comments..................... 1 Appellate Review in the Court of Special Appeals.......... 2 Preliminary Comments.....................
More informationUNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Office of the Clerk. After Opening a Case Pro Se Appellants (revised December 2012)
Case: 13-55859 05/16/2013 ID: 8632114 DktEntry: 1-2 Page: 1 of 16 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Office of the Clerk After Opening a Case Pro Se Appellants (revised December 2012)
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed August 17, 2016. Not final until disposition of timely filed motion for rehearing. No. 3D16-1804 Lower Tribunal No. 16-16248 James Barry Wright,
More informationTHE JOINT RULES OF APPELLATE PROCEDURE FOR COURTS OF CRIMINAL APPEALS
THE JOINT RULES OF APPELLATE PROCEDURE FOR COURTS OF CRIMINAL APPEALS Effective 1 January 2019 Table of Contents I. General... 1 Rule 1. Courts of Criminal Appeals... 1 Rule 2. Scope of Rules; Title...
More informationIN THE SUPREME COURT OF FLORIDA
IN THE SUPREME COURT OF FLORIDA KEITH R. HARRIS, DC# 635563 Petitioner, vs. Case No. SC08-1367 L.T. No. 1D06-5125 THE FLORIDA PAROLE COMMISSION, Respondent. / RESPONDENT'S AMENDED BRIEF ON JURIDICTION
More information2. When should I send the courtesy copy of the Motion? No less than five (5) days before the hearing.
Frequently asked questions for Uniform Motion Calendar: 1. Do I need to send a physical copy of the motion to the Judge s chambers before the hearing?? Yes. Our Division requires a copy of the notice and
More informationDistrict of Columbia Court of Appeals Historic Courthouse 430 E Street, NW Washington, DC (202)
District of Columbia Court of Appeals Historic Courthouse 430 E Street, NW Washington, DC 20001 (202) 879-2700 Representing Yourself in an Agency Appeal. INTRODUCTION This guide is for people who don t
More informationAn Introduction to North Carolina s Judicial Branch
An Introduction to North Carolina s Judicial Branch To view this PDF as a projectable presentation, save the file, click View in the top menu bar of the file, and select Full Screen Mode To request an
More informationPROPOSED RULES OF APPELLATE PROCEDURE AMENDMENT APPEAL PROCEEDINGS IN CRIMINAL CASES
PROPOSED RULES OF APPELLATE PROCEDURE AMENDMENT RULE 9.140. APPEAL PROCEEDINGS IN CRIMINAL CASES (a) Applicability. Appeal proceedings in criminal cases shall be as in civil cases except as modified by
More informationRULE CHANGE 2018(07)
RULE CHANGE 2018(07) COLORADO APPELLATE RULES Rule 10. Appendix to Chapter 32, Form 8, Designation of Transcripts Rules 21, 21.1, 49, 50, 51, 51.1, 52, 53, 54, 56 and 57 1 Rule 10. Record on Appeal. Appendix
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Case: 07-56424 08/24/2009 Page: 1 of 6 DktEntry: 7038488 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT M. NELSON, et al. Plaintiffs-Appellants, v. No. 07-56424 NATIONAL AERONAUTICS
More informationGeneral Sessions Court
CTAS Private Acts - Madison June 28, 2018 General Sessions Court Published on CTAS Private Acts (http://privateacts.ctas.tennessee.edu) 2018-06-28 Page 1 of 6 Table of Contents General Sessions Court...
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2001
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2001 ALEXANDER J. MILANICK and JOHN C. MILANICK, Appellants, v. Case No. 5D00-3171 TOWN OF BEVERLY BEACH, et al., Appellees.
More informationRULES AND STATUTES ON HABEAS CORPUS with Amendments and Additions in the ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996
RULES AND STATUTES ON HABEAS CORPUS with Amendments and Additions in the ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996 CRIMINAL JUSTICE LEGAL FOUNDATION INTRODUCTION On April 24, 1996, Senate Bill
More informationAmended by Order dated June 21, 2013; effective July 1, RULES OF SUPREME COURT OF VIRGINIA PART FIVE THE SUPREME COURT B. ORIGINAL JURISDICTION
Amended by Order dated June 21, 2013; effective July 1, 2013. RULES OF SUPREME COURT OF VIRGINIA PART FIVE THE SUPREME COURT B. ORIGINAL JURISDICTION Rule 5:7B. Petition for a Writ of Actual Innocence.
More informationIN THE SUPREME COURT OF FLORIDA. DALE JOHNSON, ) ) Petitioner, ) ) vs. ) CASE NO. SC ) (4DCA ) STATE OF FLORIDA, ) ) Respondent.
IN THE SUPREME COURT OF FLORIDA DALE JOHNSON, ) ) Petitioner, ) ) vs. ) CASE NO. SC ) (4DCA 05-1585) STATE OF FLORIDA, ) ) Respondent. ) ) PETITIONER=S BRIEF ON JURISDICTION On Review from the District
More informationIN THE SUPREME COURT OF FLORIDA CASE NO. SC STATE OF FLORIDA, Petitioner, vs. ERIC S. SMITH, Respondent.
IN THE SUPREME COURT OF FLORIDA CASE NO. SC07-901 STATE OF FLORIDA, Petitioner, vs. ERIC S. SMITH, Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ON PETITION FOR DISCRETIONARY
More informationSupreme Court of Florida
Supreme Court of Florida No. SC04-2487 IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.140(c)(1). [April 7, 2005] PER CURIAM. The Florida Bar's Appellate Court Rules Committee (Committee) has
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed January 23, 2019. Not final until disposition of timely filed motion for rehearing. No. 3D18-297 Lower Tribunal No. 14-455 Camille Lee, etc.,
More informationOFFICE OF THE CLERK B
United States Court of Appeals for the Tenth Circuit OFFICE OF THE CLERK Byron White United States Courthouse 1823 Stout Street Denver, Colorado 80257 Elizabeth A. Shumaker (303) 844-3157 Douglas E. Cressler
More information3RD CIRCUIT LOCAL APPELLATE RULES Proposed amendments Page 1
3RD CIRCUIT LOCAL APPELLATE RULES Proposed amendments 2008 - Page 1 1 L.A.R. 1.0 SCOPE AND TITLE OF RULES 2 1.1 Scope and Organization of Rules 3 The following Local Appellate Rules (L.A.R.) are adopted
More informationAnatomy of an Appeal By Michelle May O Neil
By Michelle May O Neil I. What is an appeal? The Nolo online legal dictionary defines an appeal as follows: A written request to a higher court to modify or reverse the judgment of a trial court or intermediate
More informationIN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA. ADMINISTRATIVE ORDER S (Supersedes Administrative Order S )
IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA ADMINISTRATIVE ORDER S-2013-033 (Supersedes Administrative Order S-2012-019) EAST DIVISION Florida law permits the establishment of geographic
More informationIN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4 th DCA 4D ) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent.
IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC05-1298 (4 th DCA 4D05-1624) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION LAURA FISHER ZIBURA
More informationVOLUNTARY ANNEXATION PROCEDURES
VOLUNTARY ANNEXATION PROCEDURES AUGUST, 2013 CITY OF GREEN COVE SPRINGS DEVELOPMENT SERVICES DEPARTMENT VOLUNTARY ANNEXATION PROCEDURES A. GENERAL STEPS STEP #1 (Application) Property owner submits Application
More informationCOURT OF APPEAL, SECOND CIRCUIT STATE OF LOUISIANA PRO SE MANUAL
COURT OF APPEAL, SECOND CIRCUIT STATE OF LOUISIANA PRO SE MANUAL This pamphlet is intended primarily to assist non-attorneys with the basic procedural steps which must be followed when filing an appeal
More informationIN THE SUPREME COURT OF TENNESSEE AT NASHVILLE
IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE 09/25/2017 IN RE AMENDMENTS TO THE TENNESSEE RULES OF PROCEDURE & EVIDENCE No. ADM2017-01892 ORDER The Advisory Commission on the Rules of Practice & Procedure
More information( HILLSBOROUGH COUNTY, FLORIDA
IN THE THIRTEENTH JUDICIAL CIRCUIT ( HILLSBOROUGH COUNTY, FLORIDA ADMINISTRATIVE ORDER S-2006-199 (Supersedes Administrative Order S-2002-098) CIVIL APPELLATE DIVISION WHEREAS Article V, Section 5(b) of
More informationChief Judge Elizabeth A. Metzger Circuit Court Judge 19 th Judicial Circuit February 21, 2017
Chief Judge Elizabeth A. Metzger Circuit Court Judge 19 th Judicial Circuit February 21, 2017 Florida Courts Article V of the Constitution of Florida addresses the Judicial Branch Supreme Court Five District
More informationIN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. Administrative Order No.
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Administrative Order No. 2018-114-Crim ADMINISTRATIVE ORDER DIRECTING THE CLERK OF COURT TO TRANSFER AND ASSIGN
More informationSUPREME COURT OF FLORIDA PETITIONER CRESCENT MIAMI CENTER, LLC S BRIEF ON JURISDICTION
SUPREME COURT OF FLORIDA CRESCENT MIAMI CENTER, LLC, vs. Petitioner, Supreme Court Case No. SC03-2063 THIRD DCA CASE NO. 02-3002 LT Case No. 00-21824 DEPARTMENT OF REVENUE, STATE OF FLORIDA, Respondent.
More informationRULE CHANGE 2018(05) COLORADO RULES OF CRIMINAL PROCEDURE
RULE CHANGE 2018(05) COLORADO RULES OF CRIMINAL PROCEDURE District Court County, Colorado Court Address: People of the State of Colorado v. Defendant Attorney or Party Without Attorney (Name and Address):
More informationassignment calendar and should be referred to when holidays and judicial conferences arise. COUNTY DIVISION ASSIGNMENTS FOR ALACHUA COUNTY
General Assignment Order Page 6 July I 2010 through December 31 2010 Master Calendar events as needed circuit-wide. The Master Calendar includes schedule changes due to holidays and conferences, which
More informationJoey D. Moya, Clerk New Mexico Supreme Court P.O. Box 848 Santa Fe, New Mexico (fax)
PROPOSED REVISIONS TO THE RULES OF CRIMINAL PROCEDURE FOR THE DISTRICT COURTS, RULES OF CRIMINAL PROCEDURE FOR THE MAGISTRATE COURTS, RULES OF CRIMINAL PROCEDURE FOR THE METROPOLITAN COURTS, AND RULES
More informationThird District Court of Appeal State of Florida, January Term, A.D. 2011
Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed May 18, 2011. Not final until disposition of timely filed motion for rehearing. No. 3D10-1320 Lower Tribunal No. 1999-CA-1046-K
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed May 11, 2018. Not final until disposition of timely filed motion for rehearing. No. 3D17-2112 Lower Tribunal No. 15-24308 Tashara Love, Petitioner,
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed June 7, 2017. Not final until disposition of timely filed motion for rehearing. No. 3D16-2582 Lower Tribunal No. 14-28096 Federico Gomez, Appellant,
More informationTHE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO ALACHUA COUNTY DRUG COURT
THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO. 4.10 ALACHUA COUNTY DRUG COURT In order to provide for the requirements of Adult Drug Court within the Eighth Judicial Circuit of Florida;
More informationFAQ: Court Jurisdiction and Process
What determines the jurisdiction and powers of a court system? The jurisdiction and powers of the court systems are specified and delineated by constitutions, statutes, or both (Neubauer, 2005). The federal
More informationIN THE SUPREME COURT OF FLORIDA CASE NO. SC LEONARDO DIAZ, Petitioner, vs. STATE OF FLORIDA, Respondent.
IN THE SUPREME COURT OF FLORIDA CASE NO. SC03-1031 LEONARDO DIAZ, Petitioner, vs. STATE OF FLORIDA, Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ON PETITION FOR DISCRETIONARY
More informationRULE CHANGE 2015(06) COLORADO APPELLATE RULES. Rules 28, 28.1, 29, 31, 32, and 34
RULE CHANGE 2015(06) COLORADO APPELLATE RULES Rules 28, 28.1, 29, 31, 32, and 34 Form 6 Certificate of Compliance Form 6A Amicus Certificate of Compliance Form 7 Caption for Documents Filed by Party With
More informationREGULATIONS FOR THE APPOINTMENT OF COUNSEL IN THE FOURTEENTH JUDICIAL DISTRICT IN CASES UNDER THE INDIGENT DEFENSE SERVICES ACT
REGULATIONS FOR THE APPOINTMENT OF COUNSEL IN THE FOURTEENTH JUDICIAL DISTRICT IN CASES UNDER THE INDIGENT DEFENSE SERVICES ACT I. Preamble Pursuant to Rule 1.5 of the Rules for the Continued Delivery
More informationIN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY. CASE NO (Court Administration)
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY CASE NO. 16-1 (Court Administration) ADMINISTRATIVE ORDER NO. 16-14 IN RE: ESTABLISHMENT OF VETERANS TREATMENT COURT /
More informationRULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL
RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL Rule 2:9-1. Control by Appellate Court of Proceedings Pending Appeal or Certification (a) Control
More informationDISPOSITION OF PERSONAL PROPERTY INSTRUCTIONS
JD Peacock II CLERK OF THE CIRCUIT COURT, OKALOOSA COUNTY, FLORIDA DISPOSITION OF PERSONAL PROPERTY INSTRUCTIONS ***A disposition of personal property is filed for very small estates where there is no
More informationPRO SE GUIDE CHILD WELFARE APPEAL PROCEDURES
PRO SE GUIDE CHILD WELFARE APPEAL PROCEDURES Basic information about filing an appeal to the Utah Court of Appeals Utah Court of Appeals Appellate Clerks' Office 450 South State, Fifth Floor PO Box 140230
More informationTHE TEXAS CONSTITUTION ARTICLE 5. JUDICIAL DEPARTMENT. Sec.A1.AAJUDICIAL POWER; COURTS IN WHICH VESTED. The
THE TEXAS CONSTITUTION ARTICLE 5. JUDICIAL DEPARTMENT Sec.A1.AAJUDICIAL POWER; COURTS IN WHICH VESTED. The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals,
More informationTuesday 28th November, 2006.
Tuesday 28th November, 2006. On November 10, 2005 came the Virginia State Bar, by Phillip V. Anderson, its President, and Thomas A. Edmonds, its Executive Director and Chief Operating Officer, and presented
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed October 24, 2018. Not final until disposition of timely filed motion for rehearing. No. 3D18-1336 Lower Tribunal No. 00-29420A Jose E. Rivera,
More informationConnecticut s Courts
Connecticut s Courts The Judicial power of the state shall be vested in a supreme court, an appellate court, a superior court, and such lower courts as the general assembly shall, from time to time, ordain
More informationCASE NO. SC L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, STATE OF FLORIDA, Respondent.
CASE NO. SC05-1987 L.T. CASE NO. 4D05-1129 ========================================================== IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, v. STATE OF FLORIDA, Respondent.
More informationOffice of the Clerk United States Court of Appeals for the Ninth Circuit Post Office Box San Francisco, California
Case: 17-56081, 07/28/2017, ID: 10525018, DktEntry: 1-4, Page 1 of 1 Molly C. Dwyer Clerk of Court Office of the Clerk United States Court of Appeals for the Ninth Circuit Post Office Box 193939 San Francisco,
More informationRULES OF APPELLATE PROCEDURE NOTICE
RULES OF APPELLATE PROCEDURE NOTICE Notice is hereby given that the following amendments to the Rules of Appellate Procedure were adopted to take effect on January 1, 2019. The amendments were approved
More informationIN THE SUPREME COURT OF APPEAL OF FLORIDA
Filing # 9951877 Electronically Filed 02/05/2014 04:38:43 PM RECEIVED, 2/5/2014 16:43:37, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF APPEAL OF FLORIDA CASE NO.: SC13-1080 L.T. NO.:
More informationIN THE SUPREME COURT OF FLORIDA CASE NO. PAUL LEWIS, Petitioner, -vs- THE STATE OF FLORIDA, Respondent. BRIEF OF PETITIONER ON JURISDICTION
Electronically Filed 08/22/2013 01:53:54 PM ET RECEIVED, 8/22/2013 13:58:31, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO. PAUL LEWIS, Petitioner, -vs- THE STATE OF FLORIDA,
More informationYork County Civil Procedure Outline Presenting a Civil Motion
York County Civil Procedure Outline Presenting a Civil Motion There are three categories of civil motions in York County. Civil Motions should either be (1) resolved by the appropriate civil judge in Chambers,
More informationSUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO LOCAL COURT RULES
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO LOCAL COURT RULES As Amended Effective January 1, 2011 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO Hall of Justice and Records 400 County Center,
More informationSupreme Court of Florida
Supreme Court of Florida No. SC17-1936 PER CURIAM. IN RE: CERTIFICATION OF NEED FOR ADDITIONAL JUDGES. [November 22, 2017] This opinion fulfills our constitutional obligation to determine the State s need
More informationFLORIDA FIRST DISTRICT COURT OF APPEAL INTERNAL OPERATING PROCEDURES
FLORIDA FIRST DISTRICT COURT OF APPEAL INTERNAL OPERATING PROCEDURES June 2018 TABLE OF CONTENTS Section 1 Introduction... 1 Section 2 General Information... 1 2.1 Jurisdiction... 1 2.2 Hours of Operation...
More informationCase: , 04/30/2018, ID: , DktEntry: 58-1, Page 1 of 5 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Case: 17-70162, 04/30/2018, ID: 10854860, DktEntry: 58-1, Page 1 of 5 (1 of 10) NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED APR 30 2018 MOLLY C. DWYER, CLERK U.S. COURT
More informationThird District Court of Appeal State of Florida, January Term, A.D. 2007
Third District Court of Appeal State of Florida, January Term, A.D. 2007 Opinion filed May 02, 2007. Not final until disposition of timely filed motion for rehearing. No. 3D06-3149 Lower Tribunal No. 06-327
More informationIN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC: 4 th DCA CASE NO: 4D STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT,
IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC: 4 th DCA CASE NO: 4D04-4825 STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT, Respondent. PETITIONER'S BRIEF ON JURISDICTION CHARLES J. CRIST,
More informationSupreme Court of Florida
Supreme Court of Florida PARIENTE, C.J. No. SC05-2120 IN RE: CERTIFICATION OF NEED FOR ADDITIONAL JUDGES. [December 15, 2005] In this opinion we discharge our constitutional responsibility to determine
More informationVIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011)
VIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011) RULE Rule 1. Scope of Rules; Terms; Sessions; Seal; Filing in Superior Court. (a) Title and Citation (b) Scope of Rules (c) Authority for
More information