IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

 

ADMINISTRATIVE ORDER NO. 2008-003 PA/PI-CIR

 

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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. Pasco County, ex rel. Bd. of County Com'rs, 970 So. 2d. 366 (2d DCA 2007).  Before the decision in Byle, a panel’s primary appellate judge routinely addressed all motions and petitions that were not dispositive of the merits of a case.

 

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 Clearwater;

 

b.      a South Pinellas County Civil Appellate Panel shall consider all civil cases assigned to the three-judge panel sitting in St. Petersburg;

 

c.       a North Pinellas County Criminal Appellate Panel shall consider all criminal cases assigned to the three-judge panel sitting in Clearwater;

 

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 Pinellas County shall assign civil cases by alternating between the two civil three-judge panels assigned to the Appellate Division, one sitting in Clearwater and the other in St. Petersburg.

 

b.      the Clerk of the Circuit Court for Pinellas County shall assign criminal cases by alternating between the two criminal three-judge panels assigned to the Appellate Division, one sitting in Clearwater and the other in St. Petersburg.                               

                               

c.       the Clerk of the Circuit Court for Pasco County shall assign cases to the three-judge panel assigned to the Appellate Division sitting in New Port Richey.

 

            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 Clearwater, Pinellas County, Florida this _____ day of February 2008.

 

                                                                                   

                                                                                                ______________________________

                                                                                                Robert J. Morris, Jr., Chief Judge

 

cc:        All Judges

            The Honorable Bernie McCabe, State Attorney

            The Honorable Bob Dillinger, Public Defender

            The Honorable Jed Pittman, Clerk of the Circuit Court, Pasco County

            The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County

            Debbie Gay, Assistant Court Services Director, Pasco County Clerk’s Office

            Carol Heath, Executive Director, Pinellas County Clerk’s Office

            Gay L. Inskeep, Trial Courts Administrator

            Kerry Rice, Senior Deputy Courts Administrator, Pasco County

            Bar Associations, Pasco and Pinellas Counties

            Law Libraries, Pasco and Pinellas Counties