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 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." The Florida Statutes: Section 26.012(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." Section 26.55(2)(b) The responsibilities of the Conference of Circuit Judges include "Considering and making recommendations concerning the improvement of rules and methods of procedure and practice in the several courts." United States Code: Title 28-Judiciary And Judicial Procedure; Part 1-Organization Of Courts Chapter 6-Bankruptcy Judges; 158. Appeals: "(b) (1) The judicial council of a circuit shall establish a bankruptcy appellate panel service composed of bankruptcy judges of the districts in the circuit who are appointed by the judicial council in accordance with paragraph (3), to hear and determine, with the consent of all the parties, appeals under subsection (a) unless the judicial council finds that- (A) there are insufficient judicial resources available in the circuit; or (B) establishment of such service would result in undue delay or increased cost to parties in cases under title 11." 2
Complete copies of Article V of the Florida Constitution, Chapter 26 of the Florida Statutes, and 28 USC Section 158 are attached. Re Ily submitted, Attachments: Article V Sections 1, 2, 4 and 5, Florida Constitution Chapter 26, Florida Statutes 28 USC Section 158 Jo a h n Sjostrom, Chief Judge Certificate of Service I CERTIFY that a true and correct copy of the foregoing Notice of Supplemental Authority was furnished by electronic mail through the Florida Court E-Filing Portal to the following persons on May 15, 2015: Kristin A. Norse Chair of the Committee knorse@kmf-law.com Heather Savage Telfer Bar Staff Liason to the Committee htelfer@flabar.org 3
Article V, Florida Constitution SECTION 1. Courts.-The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts and county courts. No other courts may be established by the state, any political subdivision or any municipality. The legislature shall, by general law, divide the state into appellate court districts and judicial circuits following county lines. Commissions established by law, or administrative officers or bodies may be granted quasi-judicial power in matters connected with the functions of their offices. The legislature may establish by general law a civil traffic hearing officer system for the purpose of hearing civil traffic infractions. The legislature may, by general law, authorize a military courtmartial to be conducted by military judges of the Florida National Guard, with direct appeal of a decision to the District Court of Appeal, First District. History.-SJ.R. 52-D, 1971; adopted 1972; Am. H.J.R. 1608, 1988; adopted 1988; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998. SECTION 2. Administration; practice and procedure.- (a) The supreme court shall adopt rules for the practice and procedure in all courts including the time for seeking appellate review, the administrative supervision of all courts, the transfer to the court having jurisdiction of any proceeding when the jurisdiction of another court has been improvidently invoked, and a requirement that no cause shall be dismissed because an improper remedy has been sought. The supreme court shall adopt rules to allow the court and the district courts of appeal to submit questions relating to military law to the federal Court of Appeals for the Armed Forces for an advisory opinion. Rules of court may be repealed by general law enacted by two-thirds vote of the membership of each house of the legislature. (b) The chief justice of the supreme court shall be chosen by a majority of the members of the court; shall be the chief administrative officer of the judicial system; and shall have the power to assign justices or judges, including consenting retired justices or judges, to temporary duty in any court for which the judge is qualified and to delegate to a chief judge of a judicial circuit the power to assign judges for duty in that circuit. 1
(c) A chief judge for each district court of appeal shall be chosen by a majority of the judges thereof or, if there is no majority, by the chief justice. The chief judge shall be responsible for the administrative supervision of the court. (d) A chief judge in each circuit shall be chosen from among the circuit judges as provided by supreme court rule. The chief judge shall be responsible for the administrative supervision of the circuit courts and county courts in his circuit. History.-S.J.R. 52-D, 1971; adopted 1972; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998. SECTION 4. District courts of appeal.- (a) ORGANIZATION.-There shall be a district court of appeal serving each appellate district. Each district court of appeal shall consist of at least three judges. Three judges shall consider each case and the concurrence of two shall be necessary to a decision. (b) JURISDICTION.- (1) District courts of appeal shall have jurisdiction to hear appeals, that may be taken as a matter of right, from final judgments or orders of trial courts, including those entered on review of administrative action, not directly appealable to the supreme court or a circuit court. They may review interlocutory orders in such cases to the extent provided by rules adopted by the supreme court. (2) District courts of appeal shall have the power of direct review of administrative action, as prescribed by general law. (3) A district court of appeal or any judge thereof may issue writs of habeas corpus returnable before the court or any judge thereof or before any circuit judge within the territorial jurisdiction of the court. A district court of appeal may issue writs of mandamus, certiorari, prohibition, quo warranto, and other writs necessary to the complete exercise of its jurisdiction. To the extent necessary to dispose of all issues in a cause properly before it, a district court of appeal may exercise any of the appellate jurisdiction of the circuit courts.. (c) CLERKS AND MARSHALS.-Each district court of appeal shall appoint a clerk and a marshal who shall hold office during the pleasure of the court and perform 2
such duties as the court directs. Their compensation shall be fixed by general law. The marshal shall have the power to execute the process of the court throughout the territorial jurisdiction of the court, and in any county may deputize the sheriff or a deputy sheriff for such purpose. History.-S.J.R. 52-D, 1971; adopted 1972. SECTION 5. Circuit courts.- (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. History.-S.J.R. 52-D, 1971; adopted 1972. 3
Statutes & Constitution :View Statutes :->2016->Chapter 26 : Online Sunshine Page 1 of 1 Select Year: 2016 v Go CHAPTER 26 CIRCUIT COURTS 26.012 Jurisdiction of circuit court. 26.021 Judicial circuits; judges. 26.031 Judicial circuits; number of judges. 26.19 Abatement of actions because of change of judge, etc. 26.20 Availability of judge for hearings in chambers. 26.46 Jurisdiction of resident judge after assignment. 26.49 Executive officer of circuit court. 26.52 Travel expenses, circuit judges. 26.55 Conference of Circuit Judges of Florida; duties and reports. 26.56 Residual jurisdiction for abolished courts. 26.57 Temporary designation of county court judge to preside over circuit court cases. Copyright 1995-2017 The Rorida Legislature 042 Privacy Statement 042 Contact Us http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&url=000... 5/15/2017
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2016 v l Go 26.012 Jurisdiction of circuit court.- (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. 72.011; (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 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. History.-s. 3, ch. 72-404; s. 1, ch. 74-209; s. 1, ch. 77-119; s. 1, ch. 80-399; s. 1, ch. 81-178; s. 22, ch. 81-259; s. 12, ch. 82-37; s. 2, ch. 84-303; s. 5, ch. 91-112; s. 27, ch. 94-353; s. 52, ch. 95-280; s. 3, ch. 98-280; s. 1, ch. 2004-11. Copyright 1995-2017 The Florida 1.egislature 042 Privacy Statement 042 Contact Us http://www.leg.state.fl.us/statutes/index.cfm?app_mode-display_statute&search_st... 5/15/2017
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: 2016 v Go 26.021 Judicial circuits; judges.-the state is divided into 20 judicial circuits: (1) The first circuit is composed of Escambia, Okaloosa, Santa Rosa, and Walton Counties. (2) The second circuit is composed of Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla Counties. (3) The third circuit is composed of Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, and Taylor Counties. (4) The fourth circuit is composed of Clay, Duval, and Nassau Counties. (5) The fifth circuit is composed of Citrus, Hernando, Lake, Marion, and Sumter Counties. (6) The sixth circuit is composed of Pasco and Pinellas Counties. (7) The seventh circuit is composed of Flagler, Putnam, St. Johns, and Volusia Counties. (8) The eighth circuit is composed of Alachua, Baker, Bradford, Gilchrist, Levy, and Union Counties. (9) The ninth circuit is composed of Orange and Osceota Counties. (10) The tenth circuit is composed of Hardee, Highlands, and Polk Counties. (11) The eleventh circuit is composed of Miami-Dade County. (12) The twelfth circuit is composed of DeSoto, Manatee, and Sarasota Counties. (13) The thirteenth circuit is composed of Hillsborough County. (14) The fourteenth circuit is composed of Bay, Calhoun, Gulf, Holmes, Jackson, and Washington Counties. (15) The fifteenth circuit is composed of Palm Beach County. (16) The sixteenth circuit is composed of Monroe County. (17) The seventeenth circuit is composed of Broward County. (18) The eighteenth circuit is composed of Brevard and Seminole Counties. (19) The nineteenth circuit is composed of Indian River, Martin, Okeechobee, and St. Lucie Counties. (20) The twentieth circuit is composed of Charlotte, Collier, Glades, Hendry, and Lee Counties. (21) Notwithstanding subsections (1)-(20), the territorial jurisdiction of a circuit court may be expanded as provided for in s. 910.03(3). The judicial nominating commission of each circuit, in submitting nominations for any vacancy in a judgeship, and the Governor, in filling any vacancy for a judgeship, shall consider whether the existing judges within the circuit, together with potential nominees or appointees, reflect the geographic distribution of the population within the circuit, the geographic distribution of the caseload within the circuit, the racial and ethnic diversity of the population within the circuit, and the geographic distribution of the racial and ethnic minority population within the circuit. http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&search St... 5/15/2017
Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 History.-s. 4, ch. 72-404; s. 1, ch. 80-164; s. 1, ch. 81-220; s. 1, ch. 82-238; s. 1, ch. 94-137; s. 2, ch. 94-184; s. 8, ch. 2008-4; s. 7, ch. 2014-182. Note.-Former ss. 26.02, 26.03, 26.04, 26.05, 26.06, 26.07, 26.08-26.16, and 26.161-26.165. Copyright 1995-2017 The Florida Legislature 042 Privacy Statement 042 Contact Us http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&search_st... 5/15/2017
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2016 v Go 26.031 Judicial circuits; number of judges.-the number of circuit judges in each circuit shall be as follows: JUDICIAL CIRCUIT TOTAL (1) First.......... 24 (2) Second.......... 16 (3) Third.......... 7 (4) Fourth.......... 35 (5) Fifth.......... 31 (6) Sixth.......... 45 (7) Seventh.......... 27 (8) Eighth.......... 13 (9) Ninth.......... 43 (10) Tenth.......... 28 (11) Eleventh.......... 80 (12) Twelfth.......... 21 (13) Thirteenth.......... 45 (14) Fourteenth.......... 11 (15) Fifteenth.......... 35 (16) Sixteenth.......... 4 (17) Seventeenth.......... 58 (18) Eighteenth.......... 26 (19) Nineteenth.......... 19 (20) Twentieth.......... 31 History.-ss. 1, 3, ch. 72.402; s. 1, ch. 73.329; s. 1, ch. 75.124; s. 1, ch. 76.175; s. 1, ch. 77-368; s. 1, ch. 78.168; s. 5, ch. 79.413; s. 2, ch. 80.164; s. 1, ch. 80.385; s. 2, ch. 81.220; ss. 2, 7, ch. 82.238; s. 6, ch. 84.303; s. 1, ch. 85.218; s. 1, ch. 86. 279; s. 1, ch. 87.89; s. 2, ch. 88.167; s. 1, ch. 89.290; s. 1, ch. 90.206; s. 1, ch. 93.63; s. 3, ch. 94.137; s. 1, ch. 95.351; s. 1, ch. 96.271; s. 1, ch. 97.257; ss. 1, 2, ch. 99.151; s. 1, ch. 2001.284; s. 1, ch. 2002.388; ss. 1, 2, ch. 2005.150; s. 1, ch. 2005. 356; s. 1, ch. 2006.166. Copyright 1995.2017 The Florida Legislature 042 Privacy Statement 042 Contact Us http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&search_st... 5/15/2017
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2016 v Go 26.19 Abatement of actions because of change of judge, etc.-no civil or criminal cases, suits in equity, actions at law, statutory or otherwise; and no writs, process, pleading, motion, information, presentment, indictment or other proceedings, order, finding, decree, judgment or sentence, shall abate, be quashed, set aside, reversed, qualified, dismissed, defeated, or held to be in error because of the changes in any circuit or circuits, or judge or judges, state attorneys, or other prosecuting officers. History.-s. 5, ch. 17085, 1935: CGL 1936 Supp. 4738(5). Copyright 1995-2017 The Florida Legislature 042 Privacy Statement 042 Contact Us http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&search_st... 5/15/2017
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year- 2016 v Go 26.20 Availability of judge for hearings in chambers.-in circuits having more than one circuit judge, at least one of said judges shall be available as nearly as possible at all times to hold and conduct hearings in chambers. In each circuit, there must be at least one judge available on Saturdays, Sundays, holidays, and after hours on weekdays to hear motions for a temporary injunction ex parte in domestic violence cases. The chief judge may assign a judge for this purpose. History.-s. 4, ch. 17085, 1935; CGL 1936 Supp. 4738(4); s. 2, ch. 91-210. Copyright 1995-2017 The Florida Legislature 042 Privacv Statement 042 Contact Us http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&search_st... 5/15/2017
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2016 v Go 26.46 Jurisdiction of resident judge after assignment.-lf a circuit judge is assigned to another circuit, none of the circuit judges in that other circuit shall, because of the assignment, be deprived of or affected in his or her jurisdiction other than to the extent essential so as not to conflict with the authority of the temporarily assigned circuit judge as to the particular case or cases or class of cases. History.-s. 2, ch. 6900, 1915; RG5 3061; CGL 4842; s. 113, ch. 95-147; s. 2, ch. 2013-25. Copyright o 1995-2017 The Florida Legislature 042 Privacy Statement 042 Contact Us http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&search_st... 5/15/2017
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2016 v Go 26.49 Executive officer of circuit court.-the sheriff of the county shall be the executive officer of the circuit court of the county. History.-s. 14, ch. 4, 1845; RS 1396; G5 1841; RGS 3086; CGL 4869. Copyright 1995-2017 The Rorida Legislature 042 Privacy Statement 042 Contact Us http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&search_st... 5/15/2017
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of I Select Year: 2016 vl Go 26.52 Travel expenses, circuit judges.-each circuit judge shall be reimbursed for travel expenses as provided in s. 112.061. History.-s. 4, ch. 6912, 1915; RGS 3004; s. 2, ch. 8480, 1921; cgl 4738, s. 19, ch. 63-400. Copyright c 1995-2017 The Rorida Legislature 042 Privacy Statement 042 Contact Us http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&search_st... 5/15/2017
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: I2016 vj Go 26.55 Conference of Circuit Judges of Florida; duties and reports.- (1) There is created and established the Conference of Circuit Judges of Florida. The conference consists of the active and retired circuit judges of the several judicial circuits of the state, excluding retired judges practicing law. (2) The conference shall annually elect a chair. The chair shall call all meetings and appoint committees to effectuate the purposes of the conference. (3) The conference shall operate according to the Rules of Judicial Administration adopted by the Supreme Court. The responsibilities of the conference include: (a) Considering and making recommendations concerning the betterment of the judicial system of the state and its various parts; (b) Considering and making recommendations concerning the improvement of rules and methods of procedure and practice in the several courts; (c) Reporting to the Supreme Court its findings and recommendations under this subsection; and (d) Providing the Legislature with such recommendations as the conference may have concerning defects in the laws of this state and such amendments or additional legislation as the conference may deem necessary regarding the administration of justice. History.-s. 1, ch. 59-273; s. 1, ch. 72-49; s. 1, ch. 73-299; s. 2, ch. 84-254; s. 114, ch. 95-147; s. 9, ch. 2014-182. Copyright c 1995-2017 The Florida Legislature 042 Privacy Statement 042 Contact Us http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&search_st... 5/15/2017
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2016 v Go 26.56 Residual jurisdiction for abolished courts.- (1) If any court is abolished and a proceeding had in it is not transferred to another court, the circuit court for the county where the court formerly existed shall have jurisdiction over any further proceedings in the same manner as though the proceeding had been originally pending in the circuit court. (2) Additional proceedings in the circuit court shall be commenced by filing the appropriate motion, pleading, or paper that would have been filed in the abolished court. The circuit court may require the custodian of the records of the abolished court to make the records of any proceedings available to the circuit court. The clerk of the circuit court shall charge no additional filing fee for proceedings under this section. (3) This section shall apply to all courts that have heretofore been abolished and to all courts that may hereafter be abolished under the circumstances prescribed in this section. History.-s. 1, ch. 71-7. Copyright 1995-2017 The Florida Legislature 042 Privacy Statement 042 Contact Us http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&search_st... 5/15/2017
Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2016 v Go 26.57 Temporary designation of county court judge to preside over circuit court cases.-a county court judge may be designated on a temporary basis to preside over circuit court cases by the Chief Justice of the Supreme Court upon recommendation of the chief judge of the circuit. He or she may be assigned to exercise all county and circuit court jurisdiction in the county, except appeals from the county court. In addition, he or she may be required to perform the duties of circuit judge in other counties of the circuit as time may permit and as the need arises, as determined by the chief judge of the circuit. A county court judge designated to preside over circuit court cases shall receive the same salary as a circuit court judge, to the extent that funds are specifically appropriated by law for such purposes. History.-s. 1, ch. 74-217; s. 115, ch. 95-147; s. 2, ch. 2008-111; s. 1, ch. 2009-61. Copyright 1995-2017 The Florida Legislature 042 Privacy Statement 042 Contact Us http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&search..,st... 5/15/2017
Page 1 of 4 28 USC 158: Appeals Text contains those laws in effect on May 14, 2017 From Title 28-JUDICIARY AND JUDICIAL PROCEDURE PART l-organization OF COURTS CHAPTER 6-BANKRUPTCY JUDGES Jump To: Source Credit References in Text Amendments Effective Date Miscellaneous 158. Appeals (a) The district courts of the United States shall have jurisdiction to hear appeals 1 (1) from final judgments, orders, and decrees; (2) from interlocutory orders and decrees issued under section 1121(d) of title 11 increasing or reducing the time periods referred to in section 1121 of such title; and (3) with leave of the court, from other interlocutory orders and decrees; and, with leave of the court, from interlocutory orders and decrees, of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under section 157 of this title. An appeal under this subsection shall be taken only to the district court for the judicial district in which the bankruptcy judge is serving. (b)(1) The judicial council of a circuit shall establish a bankruptcy appellate panel service composed of bankruptcy judges of the districts in the circuit who are appointed by the judicial council in accordance with paragraph (3), to hear and determine, with the consent of all the parties, appeals under subsection (a) unless the judicial council finds that- (A) there are insufficient judicial resources available in the circuit; or (B) establishment of such service would result in undue delay or increased cost to parties in cases under title 11. Not later than 90 days after making the finding, the judicial council shall submit to the Judicial Conference of the United States a report containing the factual basis of such finding. (2)(A) A judicial council may reconsider, at any time, the finding described in paragraph (1). (B) On the request of a majority of the district judges in a circuit for which a bankruptcy appellate panel service is established under paragraph (1), made after the expiration of the 1-year period beginning on the date such service is established, the judicial council of the circuit shall determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph exists. (C) On its own motion, after the expiration of the 3-year period beginning on the date a bankruptcy appellate panel service is established under paragraph (1), the judicial council of the circuit may determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph exists. (D) If the judicial council finds that either of such circumstances exists, the judicial council may provide for the completion of the appeals then pending before such service and the orderly termination of such service. (3) Bankruptcy judges appointed under paragraph (1) shall be appointed and may be reappointed under such paragraph. (4) If authorized by the Judicial Conference of the United States, the judicial councils of 2 or more circuits may establish a joint bankruptcy appellate panel comprised of bankruptcy judges from the districts within the circuits for which such panel is established, to hear and determine, upon the consent of all the parties, appeals under subsection (a) of this section. (5) An appeal to be heard under this subsection shall be heard by a panel of 3 members of the bankruptcy appellate panel service, except that a member of such service may not hear an appeal originating in the district for which such member is appointed or designated under section 152 of this title.. (6) Appeals may not be heard under this subsection by a panel of the bankruptcy appellate panel service unless the district judges for the district in which the appeals occur, by majority vote, have authorized such service to hear and determine appeals originating in such district. (c)(1) Subject to subsections (b) and (d)(2), each appeal under subsection (a) shall be heard by a 3-judge http://uscode.house.gov/view.xhtml?req=(title:28 section:158 edition:prelim) OR (granulei... 5/15/2017
Page 2 of 4 panel of the bankruptcy appellate panel service established under subsection (b)(1) unless- (A) the appellant eiects at the time of filing the appeal; or (B) any other party elects, not later than 30 days after service of notice of the appeal; to have such appeal heard by the district court. (2) An appeal under subsections (a) and (b) of this section shall be taken in the same manner as appeals in civil proceedings generally are taken to the courts of appeals from the district courts and in the time provided by Rule 8002 of the Bankruptcy Rules. (d)(1) The courts of appeals shall have jurisdiction of appeals from all final decisions, judgments, orders, and decrees entered under subsections (a) and (b) of this section. (2)(A) The appropriate court of appeals shall have jurisdiction of appeals described in the first sentence of subsection (a) if the bankruptcy court, the district court, or the bankruptcy appellate panel involved, acting on its own motion or on the request of a party to the judgment, order, or decree described in such first sentence, or all the appellants and appellees (if any) acting jointly, certify that- (i) the judgment, order, or decree involves a question of law as to which there is no controlling decision of the court of appeals for the circuit or of the Supreme Court of the United States, or involves a matter of public importance; (ii) the judgment, order, or decree involves a question of law requiring resolution of conflicting decisions; or (iii) an immediate appeal from the judgment, order, or decree may materially advance the progress of the case or proceeding in which the appeal is taken; and if the court of appeals authorizes the direct appeal of the judgment, order, or decree. (B) If the bankruptcy court, the district court, or the bankruptcy appellate panel- (i) on its own motion or on the request of a party, determines that a circumstance specified in clause (i), (ii), or (iii) of subparagraph (A) exists; or (ii) receives a request made by a majority of the appellants and a majority of appellees (if any) to make the certification described in subparagraph (A); then the bankruptcy court, the district court, or the bankruptcy appellate panel shall make the certification described in subparagraph (A). (C) The parties may supplement the certification with a short statement of the basis for the certification. (D) An appeal under this paragraph does not stay any proceeding of the bankruptcy court, the district court, or the bankruptcy appellate panel from which the appeal is taken, unless the respective bankruptcy court, district court, or bankruptcy appellate panel, or the court of appeals in which the appeal is pending, issues a stay of such proceeding pending the appeal. (E) Any request under subparagraph (B) for certification shall be made not later than 60 days after the entry of the judgment, order, or decree. (Added Pub. L. 98-353, title I, 104(a), July 10, 1984, 98 Stat, 341 ; amended Pub. L. 101-650, title Ill, 305, Dec. 1, 1990, 104 Stat. 5105 ; Pub. L. 103-394, title I, 102, 104(c), (d), Oct. 22, 1994, 108 Stat. 4108-4110 ; Pub. L. 109-8, title Xil, 1233(a), Apr. 20, 2005, 119 Stat. 202 ; Pub. L. 111-327, 2(c)(1), Dec. 22, 2010, 124 Stat 3562.) REFERENCES IN TEXT The Bankruptcy Rules, referred to in subsec. (c)(2), are set out in the Appendix to Title 11, Bankruptcy. AMENDMENTS 2010-Subsec. (d)(2)(d). Pub. L. 111-327 substituted "appeal is pending" for "appeal in pending". 2005-Subsec. (c)(1). Pub. L. 109-8, 1233(a)(1), substituted "Subject to subsections (b) and (d)(2)," for "Subject to subsection (b),", Subsec. (d). Pub. L. 109-8, 1233(a)(2), designated existing provisions as par. (1) and added par. (2). 1994-Subsec. (a). Pub. L. 103-394, 102, which directed the amendment of subsec. (a) by striking "from" the first place it appears and all that follows through "decrees," and inserting pars. (1) to (3), was executed by making the insertion and striking after "appeals" "from final judgments, orders, and decrees,", which is through "decrees," the first place appearing, to http://uscode.house.gov/view.xhtml?req=(title:28 section:158 edition:prelim) OR (granulei... 5/15/2017
Page 3 of 4 reflect the probable intent of Congress. Subsec. (b)(1). Pub. L. 103-394, 104(c)(3), added par. (1) and struck out former par. (1) which read as follows: "The judicial council of a circuit may establish a bankruptcy appellate panel, comprised of bankruptcy judges from districts within the circuit, to hear and determine, upon the consent of all the parties, appeals under subsection (a) of this section." Subsec. (b)(2). Pub. L. 103-394, 104(c)(3), added par. (2). Former par. (2) redesignated (4). Subsec. (b)(3). Pub. L. 103-394, 104(c)(1), (3), added par. (3) and struck out former par. (3) which read as follows: "No appeal may be referred to a panel under this subsection unless the district judges for the district, by majority vote, authorize such referral of appeals originating within the district." Subsec. (b)(4). Pub. L. 103-394, 104(c)(1), (2), redesignated par. (2) as (4) and struck out former par. (4) which read as follows: "A panel established under this section shall consist of three bankruptcy judges, provided a bankruptcy judge may not hear an appeai originating within a district for which the judge is appointed or designated under section 152 of this title." Subsec. (b)(5), (6). Pub. L. 103-394, 104(c)(4), added pars. (5) and (6). Subsec. (c). Pub. L. 103-394, 104(d), designated existing provisions as par. (2) and added par. (1). 1990-Subsec. (b)(2) to (4). Pub. L. 101-650 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109-8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109-8, set out as a note under section 101 of Title 11. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a note under section 101 of Title 11. PROCEDURAL RULES Pub. L. 109-8, title XII, 1233(b), Apr. 20, 2005, 119 Stat. 203, provided that: "(1) Temporary application.-a provision of this subsection shall apply to appeals under section 158(d)(2) of title 28, United States Code, until a rule of practice and procedure relating to such provision and such appeals is promulgated or amended under chapter 131 of such title. "(2) Certification.-A district court, a bankruptcy court, or a bankruptcy appellate panel may make a certification under section 158(d)(2) of title 28, United States Code, only with respect to matters pending in the respective bankruptcy court, district court, or bankruptcy appellate panel. "(3) Procedure.-Subject to any other provision of this subsection, an appeal authorized by the court of appeals under section 158(d)(2)(A) of title 28, United States Code, shall be taken in the manner prescribed in subdivisions (a)(1), (b), (c), and (d) of rule 5 of the Federal Rules of Appellate Procedure. For purposes of subdivision (a)(1) of rule 5- "(A) a reference in such subdivision to a district court shall be deemed to include a reference to a bankruptcy court and a bankruptcy appellate panel, as appropriate; and "(B) a reference in such subdivision to the parties requesting permission to appeal to be served with the petition shall be deemed to include a reference to the parties to the judgment, order, or decree from which the appeal is taken. "(4) Filing of petition with attachment.-a petition requesting permission to appeal, that is based on a certification made under subparagraph (A) or (B) of section 158(d)(2) shall- "(A) be filed with the circuit clerk not later than 10 days after the certification is entered on the docket of the bankruptcy court, the district court, or the bankruptcy appellate panel from which the appeal is taken; and "(B) have attached a copy of such certification. http://uscode.house.gov/view.xhtml?req=(title:28 section:158 edition:prelim) OR (granulei... 5/15/2017
Page 4 of 4 "(5) References in rule 5.-For purposes of rule 5 of the Federal Rules of Appellate Procedure- "(A) a reference in such rule to a district court shall be deemed to include a reference to a bankruptcy court and to a bankruptcy appellate panel; and "(B) a reference in such rule to a district clerk shall be deemed to include a reference to a clerk of a bankruptcy court and to a clerk of a bankruptcy appellate panel. "(6) Application of rules.-the Federal Rules of Appellate Procedure shall apply in the courts of appeals with respect to appeals authorized under section 158(d)(2)(A), to the extent relevant and as if such appeals were taken from final judgments, orders, or decrees of the district courts or bankruptcy appellate panels exercising appellate jurisdiction under subsection (a) or (b) of section 158 of title 28, United States Code." 1 So in original. Probably should be followed by a dash. http://uscode.house.gov/view.xhtml?req=(title:28 section:158 edition:prelim) OR (granulei... 5/15/2017