All Digital in the First DCA

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Florida District Courts of Appeal Map Today’s the day that electronic filing by the clerks of court and court reporters becomes mandatory. As previously discussed, this means that the clerks of court and agencies within the First DCA — which encompases the 1st, 2nd, 3rd, 8th and 14th Circuits — now must transmit their certified copies of the Notice of Appeal and more the record electronically. The Notice of Appeal procedure isn’t too onerous, but I don’t look forward to the delay I envision as the trial court clerks get used to preparing an electronic record on appeal. Great job to the panhandle for leading the way into the 21st century for the Florida intermediate appellate courts.

Order Setting Aside Settlement Not Reviewable

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In a short and sweet opinion, the First DCA has ruled that an order denying a party’s request to enforce a mediated settlement and instead setting it aside because it was signed under duress is not an appealable final order. The opinion in Pierce v. Pierce, No. 1D10-1872 (Fla. 1st DCA Sept. 7, 2010) [.pdf] isn’t very helpful to practitioners trying to understand why this is so. But just think about it: if the settlement is set aside, then the case is not finally adjudicated; there is more judicial labor to be done before there is a final order. So really, this isn’t too surprising. But it does stink for the party who thought the case was over and now has to continue litigating.

Electronic Record in the First DCA

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Furthering its mission to become the first District Court of Appeal to have all electronic filing, the First District announced by administrative order that “lower courts, lower tribunals, and state agencies” within its purview will soon be required to upload the record on appeal electronically. Administrative Order 10-4 [.pdf] provides the clerks of court with detailed instructions for providing the First DCA with a certified copy of the notice of appeal using the eDCA portal, filing the order on appeal as a separate document, and also filing a separate “Notice of Appeal Transmittal Form,” electronically. ¶¶ 1, 1(e) and 1(f). For the time being, the filing fee will still be transmitted the old fashioned way. ¶ 1(b). The clerks are encouraged to start now, and required to fully implement the electronic filing of the notice of appeal and accompanying documents by October 1, 2010.

The Courts of Appeal were given the authority to dispense with paper filing back in June.

The record, too, will be required to be transmitted electronically starting October 1, 2010. Recognizing the bulk of the record, the transfer is done via ftp rather than upload to the eDCA system. ¶ 2. The clerks can obtain a waiver on a case-by-case basis if it is impossible to transmit the record electronically.

Court reporters also need to take heed of this order. They, too, must register with eDCA if they are going to ask for or file any pleadings with the Court. So if a court report wants an extension to prepare a transcript, she or he needs to file a motion using the eDCA portal. ¶ 3.