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Practice Before Florida Supreme Court

Practice Before Florida Supreme Court. Common Procedural Mistakes – Supreme Court Practice And Important New Rule – Maybe!. June 4, 2009 Thomas D. Hall Clerk of Court Florida Supreme Court. Rules of Procedure Appellate Judicial Administration IOP’s Website

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Practice Before Florida Supreme Court

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  1. Practice Before Florida Supreme Court Common Procedural Mistakes – Supreme Court Practice And Important New Rule – Maybe! June 4, 2009 Thomas D. Hall Clerk of Court Florida Supreme Court

  2. Rules of Procedure • Appellate • Judicial Administration • IOP’s • Website • “Operation & Jurisdiction of Fla. S. Ct.” 29 Nova L. Rev. 433 (2005)

  3. What this is Not • How to write a better brief • How to do better oral argument

  4. Make It Shorter!

  5. NOTICE OF APPEAL • Same rules as if regular appeal to DCA • Effective July 1, 2008, a $295 filing fee required for notice of cross-appeal, joinder or motion to intervene.

  6. MOTIONS • Emergency Motions • Style motion heading with “emergency” • Give date certain when needed and why in first paragraph of pleading • Provide advance notice to clerk if late in day, otherwise the Court might be gone • Give position of other parties • Serve all parties by same method as court

  7. MOTIONS • Specific Motions • Extensions of time • File before due date • State reasons • Opposing counsel’s position must be stated • Give a date certain • If not ruled on by date requested - file

  8. BRIEFS • Jurisdictional Briefs • Ten pages only – no enlargement of brief ever granted • Nothing in appendix but decision being appealed

  9. SUPPLEMENTAL AUTHORITY • Matters Discovered After Last Brief Filed • Last Issues to Which it Applies • NO ARGUMENT • File Original and Seven Copies • Serve Opposing Counsel

  10. ATTORNEYS’ FEES • File Motion in Appellate Court • Filed Not Later Than Reply Brief – What if no reply brief? • Cite Specific Statutory, or other Authority, • Appellate Court Determines Entitlement, but • Remands to lower tribunal for setting amount • Awarded Amount Review by Motion in Appellate Court • Read: Boca Burger, Inc. v. Forum, 912 So. 2d 561 (Fla. 2005)(possible attorneys fees for defending erroneous decision)

  11. Rule 2.420. Public Access to Judicial Branch Records Filers must identify the following information if contained within anything filed with the Court: (i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla. Stat.

  12. (ii) Adoption records. § 63.162, Fla. Stat. (iii) Social Security, bank account, charge, debit and credit card numbers in court records. § 119.0714(1)(i)–(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to 119.0714(2), this information is exempt only as of January 1, 2011.)

  13. (iv) HIV test results and patient identity within the HIV test results. § 381.004(3)(e), Fla. Stat. (v) Sexually transmitted diseases - test results and identity within the test results. § 384.29, Fla. Stat. (vi) Birth and death certificates, including court-issued delayed birth certificates and fetal death certificates. §§ 382.008(6), .025(1)(a), Fla. Stat.

  14. (vii) Identifying information in petition by minor for waiver of parental notice when seeking to terminate pregnancy. § 390.01116, Fla. Stat. (viii) Identifying information in clinical mental health records under the Baker Act. § 394.4615(7), Fla. Stat.

  15. (ix) Records of substance abuse service providers which pertain to the identity, diagnosis, and prognosis of and service provision to individual clients of substance abuse service providers. § 397.501(7), Fla. Stat. (x) Identifying information in clinical records of detained criminal defendants found incompetent to proceed or acquitted by reason of insanity. § 916.107(8), Fla. Stat.

  16. (xi) Estate inventories. § 733.604(1), Fla. Stat. (xii) Victim’s address in domestic violence action on petitioner’s request. § 741.30(3)(b), Fla. Stat. (xiii) Information identifying victims of sexual offenses, including child sexual abuse. §§ 119.071(2)(h), .0714(1)(h), Fla. Stat. (xiv) Gestational surrogacy records. § 742.16(9), Fla. Stat.

  17. (xv) Guardianship reports and orders appointing court monitors in guardianship cases. §§ 744.1076, .3701, Fla. Stat. (xvi) Grand jury records. Ch. 905, Fla. Stat. (xvii) Information acquired by courts and law enforcement regarding family services for children. § 984.06(3)-(4), Fla. Stat.

  18. (xviii) Juvenile delinquency records. § 985.04(1), .045(2), Fla. Stat. (xix) Information disclosing the identity of persons subject to tuberculosis proceedings and Records of the Department of Health in suspected tuberculosis cases. §§ 392.545, .65, Fla. Stat.

  19. Any Questions?

  20. The End

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