IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO.
2008-003 PA/PI-CIR
RE: CIRCUIT COURT APPELLATE PROCEDURES
On October 12, 2007, the Second
District Court of Appeal ruled that a single appellate judge may not dispose of
a petition or an appeal to a three judge panel of the Sixth Judicial
Circuit. Byle v.
Therefore, in order to clarify procedures for handling appellate
proceedings in the Appellate Division of the Sixth Judicial Circuit Court
consistent with the Sixth Judicial Circuit Local Rules, Rule 1(A)1, and in an
effort to promote uniformity of appellate decisions and to enhance judicial
efficiency involving appellate proceedings in the Circuit Court, it is hereby:
ORDERED:
1.
All civil and criminal cases invoking the appellate jurisdiction
of the Circuit Court
pursuant to the Florida Rules of Appellate Procedure, Rule
9.030(c), including appeals from County Court, petitions to review
administrative action, and all other petitions seeking extraordinary writs
necessary to the complete exercise of the Circuit Court’s appellate
jurisdiction, shall be assigned to three-judge panels.
2. There
shall be five separate three-judge panels within the Appellate Division of the
Sixth Judicial Circuit that hear the criminal and civil appellate cases:
a. a North Pinellas County Civil Appellate
Panel shall consider all civil cases assigned to the three-judge panel sitting
in
b. a South Pinellas County Civil Appellate
Panel shall consider all civil cases assigned to the three-judge panel sitting
in
c. a North Pinellas County Criminal
Appellate Panel shall consider all criminal cases assigned to the three-judge
panel sitting in
d. a South Pinellas County Criminal
Appellate Panel shall consider all criminal cases assigned to the three-judge
panel sitting in St. Petersburg; and
e. the Pasco County Appellate Panel
shall consider all civil and criminal cases assigned to the three-judge panel
sitting in New Port Richey.
3.
Each three-judge appellate panel shall have a Primary Appellate
Judge assigned by the Chief Judge. The
Primary Appellate Judge may hear all motions filed in every appellate
proceeding assigned to his or her panel with the exception of dispositive
motions and motions for oral argument.
Dispositive motions will be heard by the panel. Oral argument is in the discretion of the
panel and is only granted when the court determines that the issues are so
complex or novel that argument would benefit the court.
4.
The Clerk of the Circuit Court for each county shall assign
appellate cases as follows:
a. the Clerk of the Circuit Court
for
b. the Clerk of the Circuit Court
for
c. the Clerk of the Circuit Court
for
5. It
shall be the responsibility of each party to an appellate proceeding, whether
represented by counsel or pro se, to file an original and three (3) copies of
each brief with the Clerk of the Circuit Court.
All briefs should be securely stapled with one staple in the upper
left-hand corner.
Administrative
Order No. 2007-016 PA/PI-CIR is hereby rescinded.
DONE AND ORDERED in Chambers at
______________________________
Robert
J. Morris, Jr., Chief Judge
cc: All Judges
The
Honorable
The
Honorable
The
Honorable Jed Pittman, Clerk of the Circuit Court,
The
Honorable Ken Burke, Clerk of the Circuit Court,
Debbie
Gay, Assistant Court Services Director, Pasco County Clerk’s Office
Gay
L. Inskeep, Trial Courts Administrator
Kerry
Rice, Senior Deputy Courts Administrator,
Bar
Associations,
Law
Libraries,