fLoriDa oVerhauLs courts ’ appeLLate JurisDiction
Appellate Practice Section
continued from page 26
district courts are bound by Florida Rule of Appellate Procedure 9.130 . 4
With most county court appeals and certiorari petitions going to district courts , what remains of circuit courts ’ appellate jurisdiction ? Regarding appeals , only those cases that other statutes afford circuit court review , such as code enforcement proceedings under §§ 162.11 , 489.127 ( 5 )( j ), and 489.531 ( 4 )( d ), Florida Statutes ; civil infractions under §§ 316.0083 ( 5 )( f ) and 318.16 ( 1 ) ( traffic ); 327.73 ( 7 ) ( vessels ); 376.071 ( 2 )( g ) and 376.07 ( 3 )( f ) ( discharge of pollutants ); 379.412 ( 2 )( a ) 4 , 379.4015 ( 1 )( j ), and 379.401 ( 1 )( h ) ( relating to wildlife ); 556.107 ( 1 )( h ) ( underground utilities ); 569.005 ( 6 )
( tobacco sales / permitting ); and 767.12 ( 4 ) ( dangerous dogs ), Florida Statutes ; and voluntary arbitration awards under § 44.104 ( 10 ), Florida Statutes . Circuit courts also retain certiorari jurisdiction over final agency actions for which appellate review is not provided , like land use decisions of local governments and administrative driver ’ s license suspensions . The legislative changes do not alter the circuit courts ’ jurisdiction in other extraordinary writs .
Fortunately , there is no need to worry if you file in the wrong court . The appellate rules require courts receiving cases incorrectly filed to be transferred to the correct forum . 5 Existing circuit court appeals will be automatically transferred to the district courts ; however , practitioners may need
to file motions to transfer pending petitions if your court does not do so on its own . n
1
Art . V , § 5 ( b ), Fla . Const .
2
Id .
3
Art . IV , § 4 ( b )( 1 ), Fla . Const .
4
The new legislation significantly blunts the impact of Blore v . Fierro , 636 So . 2d 1329 ( Fla . 1994 ), which holds that appellate review of nonfinal county court orders by circuit courts cannot be conveyed by court rule .
5
Fla . R . App . P . 9.040 ( b ).
Author : Ari FitzGerald - Thirteenth Judicial Circuit
Appellate Section Webinar
on December 16 , the appellate section hosted a special cLe to allow its members to meet the new |
Suzanne Labrit |
John Stargel |
judges of the second District court of appeal . During this seminar , attendees were able to hear Judge suzanne Labrit of tampa and Judge John stargel of Lakeland introduce themselves and their careers . the topics discussed included |
Chance Lyman |
Joe Eagleton |
legal careers , general judicial philosophies , paths to becoming an appellate judge , practice preferences , and experiences since |
joining the second District . We thank Judges Labrit and stargel for taking the time to speak to our members ! |
M A R - A P R 2 0 2 1 | H C B A L A W Y E R 2 7