Florida Association of Court Clerks & Comptrollers Procedures for Appeals Tampa, Florida June 10, 2009 Presented by: Thomas D. Hall James Birkhold

Set-up Issues: Long held NOAs – orders from 2dca after 30 days announcing this. Usefulness of transmittal letters; tips about case history (e.g., sentencing not yet conducted) and docket print outs. If notice on its face appears untimely, provide us perhaps with relevant rehearing information.

Set-up Issues (cont’d): If order approves magistrate recommendation, the underlying recommendation helps us classify the proceeding and would save us the trouble of beating it out of the appellant. Need for accurate attempts at case classifications (e.g., summary or non-summary).

Set-up Issues (cont’d): Summaries: Summary record stapled in groups of documents; a listing of all docs in transmittal letter is helpful; don't bury the NOA in the summary record; prefer that the NOA is certified and not the last page of the summary record. Notices and summary records should come in one envelope. Duplicate appeals: Don't resend notice with order of insolvency or apptment of counsel on appeal, or check for filing fee; atty and pro se NOAs, please alert us to the prior filing.

Set-up Issues (cont’d): Dependency/TPR: send separate notices for both parents and don't simply put the second NOA in the record of the first appeal.  Ambiguous pro se criminal appeals; send order appealed if possible. Or, if J & S appeal, advise of such and the date of the sentencing.  Never hold NOAs until the fees are paid.

Set-up Issues (cont’d): Unreadable date stamps; on NOA especially stamp it on blank area of document. Also needs to be well-inked. Forward insolvency when entered, not simply in record. Esp in dependency/TPR cases, forward order of apptment of counsel ASAP. Checks for fees should be stapled or anchored to the NOA.

Set-up Issues (cont’d): 9.110(n) judicial waiver cases; call and alert us to the filing of the NOA immediately. Belated appeals: certify the opinion or order as a NOA and return promptly. Habeas corpus denials; provide copy of order, and, as possible, petition to aid in case classification. We need the addresses of litigants, esp pro se appellants.

Set-up Issues (cont’d): Identify which of several types of case numbers which to install in cms as lower tribunal number. Don't send uncertified NOAs with questions about how to treat it. Cut-off litigants; forward NOA even if cut off in circuit court.

Records and Miscellaneous: Bound but unpaginated records, esp. from smaller counties, accompanying NOA often. Alerting us to sealed materials. Alerting us to improperly unsealed materials. Proof of service on records and indexes. TPR/dependency records; treated as criminal or civil? Quality of binding of records; paper v cardboard; money issues.

Records and Miscellaneous (cont’d): Bulky exhibits.  Don't box more than one appeal in a box if parts of those appeals are also contained in another box. Secure envelopes so contents cannot fall out. Holding off on transmission of record until complete (e.g., nonsummary record without evidentiary hearing transcript).

Records and Miscellaneous (cont’d): Volumes of record in box should be sequential.  Aspiration: Online dockets accessible for free and up to date. Exhibits: Copies or originals? Civil v. criminal and the different practices of the counties. Pagination of copies of exhibits?

Records and Miscellaneous (cont’d): Delays in record preparation; notification to the appellate court, by letter, request for extension, copy of letter to court reporter or party who is responsible? Civil records: originals or copies; the preference of the appellate courts. Records – use on-line docket to monitor progress of cases. Frequently receive records after case has been dismissed but before trial court clerk receives the final order.

Death Penalty Cases: In postconviction cases, the notice sometimes is not transmitted immediately but comes with the record; transmit it upon receipt. Improper pagination and binding of death penalty records. Communications re: delays in record transmission.

Any Questions?

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