IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
AD
RE: EN BANC CIRCUIT COURT APPELLATE PROCEDURES
While
infrequent, there are times when two Sixth Judicial Circuit appellate panels
reach conflicting decisions under similar facts. This may lead to uncertainty at the county
court level on how to proceed on a particular point of law. In the absence of procedures to resolve
conflicts among such decisions, the county court must make its independent
decision.
The purpose of this Administrative Order is to establish procedures to resolve a conflict within the appellate division of the Circuit Court, so that the appellate court provides uniformity in its decisions.
In order to promote uniformity in appellate decisions, to enhance judicial efficiency involving appeals to the Circuit Court, and pursuant to Rule of Judicial Administration 2.050, it is hereby
ORDERED:
(a) En Banc Proceedings on the Court’s own Initiative
1. A majority of the circuit appellate court three-judge panel participating in an assigned appeal may order that a proceeding before the court be determined en banc.
2. En banc hearings shall not be ordered unless the case is of exceptional importance or unless necessary to maintain uniformity in the court’s decisions.
3. If a determination is made that an appeal will be heard en banc, the three-judge panel shall enter the appropriate order informing the parties of such action. A party shall have 15 days from the entry of the order to file and serve a request for oral argument pursuant to the Florida Rule of Appellate Procedure 9.320. The court, on its own initiative, may require the parties to present oral argument, may limit the issues to be heard, and may require the filing of additional briefs.
4.
A circuit appellate court en banc shall consist of those appellate panel
judges within the subject area to which the case is assigned, either civil or
criminal, in both Pinellas and
5. The en banc decision shall be by a majority of the appellate judges actually participating and voting on the case. It is anticipated that all appellate panel judges within the subject area, either civil or criminal, will participate and vote on the case, unless otherwise recused or unless there is a conflict between a civil and criminal case under similar facts which would warrant the participation of all appellate panel judges. In the event of a tie vote, the decision of the appellate three-judge panel to which the case was assigned shall stand as the decision of the court.
6. Hearings en banc may be ordered only by the circuit appellate court on its own motion. A party may not request an en banc hearing. A motion seeking the hearing shall be stricken.
7. An order for an appeal to be heard en banc may be entered at any time up until the issuance of the mandate by the Clerk of Court.
(b) Rehearings En Banc on the Court’s own Initiative or on Motion of a
Party
1
2. A party may move for an en banc rehearing solely on the grounds that the case is of exceptional importance or that such consideration is necessary to maintain uniformity in the court’s decisions. A response may be filed and served within 10 days of service of the motion.
3. A rehearing en banc is an extraordinary proceeding. If filed by an attorney, the motion shall contain either or both of the following statements:
I express a belief, based on a reasoned and studied professional judgment, that the panel
decision is of exceptional importance.
Or
I express a belief, based on a reasoned and studied professional judgment, that the panel
decision is contrary to the following decision(s) of this court and that a consideration by
the full court is necessary to maintain uniformity of decisions in this court (citing
specifically the case or cases).
/s/________________________________
__________________________________
Attorney for________________________
(name of party)
__________________________________
(address and phone number)
This
requirement does not apply to an unrepresented party
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5
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DONE AND ORDERED
in Chambers at
________________________________
David A
cc: All Judges
The Honorable
The Honorable Robert H
The Honorable
The Honorable Jed Pittman, Clerk of
Court,
Betty Henderson, Assistant Court
Services
Gay Inskeep, Trial Courts Administrator
Kerry L. Rice, Senior Deputy Courts
Administrator,
Bar Associations,
Law Libraries,