The Fourth DCA recently issued an opinion on rehearing in which it reiterated a pretty basic, but nonetheless important point: If you didn’t raise an issue in your initial brief, you can’t raise it for the first time on a motion for rehearing before the appellate court. See Philip Morris USA, Inc. v. Naugle, No. 4D10-1607 (Dec. 12, 2012) [.pdf]. The lesson, of course, is that if it is important enough to argue it all, an issue must go in your initial brief. Remember, Rule 9.330 requires that a party seeking rehearing point out “with particularity the points that…the court has overlooked or misapprehended in its decision.” The court cannot misapprehend or overlook that which a party never argued to begin with!
To allow more time for the deployment of technology to handle it, the Florida Supreme Court has delayed implementation of mandatory e-filing in the Florida appellate courts. The order [.pdf] sets the new deadlines as follows:
- February 27, 2013, for the Supreme Court.
- July 22, 2013, for the Second DCA.
- September 27, 2013, for the Third DCA.
- October 31, 2013, for the Fourth DCA.
- November 27, 2013, for the Fifth DCA.
- December 27, 2013, for the First DCA.
I find it interesting, but not surprising, that the First and Fifth — both of which have already implemented the eDCA filing system — are the last to be brought into the new eFiling system. They already have an eFiling system that works for them, and I don’t blame them for having difficulties in changing it.
The Fourth District Court of Appeal’s administrative order allowing stipulated enlargements of time goes into effect today. Rather than filing an unopposed motion for enlargement of time to serve a brief, parties can now file a notice notifying the court that the parties agree.