First District Court of Appeal Requests Comments on Stipulated Extensions

The First District Court of Appeal is considering joining the Second, Third, Fourth, and Fifth districts in allowing parties to stipulate to enlargements of time in certain instances. From the First District:

The First District Court of Appeal, which is currently the only DCA that does not allow for stipulated enlargements.

Request for Comments On Consideration to Allow Stipulated Extensions of Time in Certain Cases

The First District Court of Appeal is considering adopting a court policy allowing attorneys to submit stipulated extensions of time for filing briefs in cases not requiring expedited review. To ensure full consideration of the impact of such a policy on the public and members of the Bar, the Chief Judge invites comments, which may be submitted electronically no later than August 31, 2017 to Jon S. Wheeler, Clerk of Court, at comments@1dca.org.

 

http://www.1dca.org/requestforcomments.html

Our vote is certainly yes! Let the judges focus on substantive motions rather than extension motions. No matter what your position, get your comments in before August 31st.

Florida Courts Receive Much-Needed Funds

The Florida court system received some much-needed additional funding to fix pay disparities between its employees and the private sector, renovate or replace older court buildings for the Second, Third, Fourth and Fifth District Courts, and add judgeships to the busy Second and Fifth District Courts of Appeals in the state budget approved May 2nd. As more fully reported in The Florida Bar Journal, the $8.1 million allocation for pay will be used for retention and recruitment to equalize pay scales so that the court system doesn’t lose competent workers to higher-paying private sector jobs.

The Fourth District received $7.1 million to begin construction to build a new courthouse, to replace their mold-infested building, while the First, Second and Fifth Districts will each receive funds toward renovating their older buildings.

Most importantly, Second District will get two new seats, and the Fifth will get one additional judge.

Is Good Friday a Court Holiday? It Depends

Today an attorney asked me to confirm whether his deadline was really today under the rules, or if the deadline rolled to Monday. And I told him what I am telling you: it depends! What court are you in? As I’ve explained before, Florida Rule of Judicial Administration Rule 9.420 clarifies what constitutes a legal holiday, and defines holidays as:

(A) the day set aside by section 110.117, Florida Statutes, for observing New Year’s Day, Martin Luther King Jr.’s Birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, the Friday after Thanksgiving Day, or Christmas Day; and
(B) any day observed as a holiday by the clerk’s office or as designated by the chief judge.

Good Friday is not on the enumerated list. But it happens to be observed as a holiday by many, if not most, of the courts in this state, including the First DCA (Admin. Order 13-1, July 9, 2013 [.pdf]), Second DCA, Third DCA, Fourth DCA, Fifth DCA, and Florida Supreme Court [.pdf]. So if you have an appellate deadline today, Happy Easter! It’s due Monday instead. And if your deadline is in the trial court, I recommend checking the clerk’s website and putting a copy of the order in your records in case timeliness becomes an issue down the road on appeal.