Second District Publishes Practice Preferences

The Second District Court of Appeals in October published on its website a brief but mighty Practice Preferences guide [.pdf] to assist parties in guiding their practice before that Court. The document includes three main sections: (1) Notices, Motions, and Records, (2) Briefs and Brief Writing, and (3) Oral Argument. The document is a mix of general appellate advocacy best practices and the specific preferences of this Court and its judges. Some of the most important practice tips:

Make jurisdiction easy to discern (See page 1, #1).

When filing a notice of appeal, include a copy of any tolling motion and the order granting or denying that motion, so the date of rendition is clear without having to look outside of the filing to determine jurisdiction.

No footnotes! (See page 4, #8).

The Second District will just take your footnotes out of the margin and pull it into the body of the brief to make it more readable for the judges. And whatever you do, don’t cite Bryan Garner style (sorry, Bryan). This Court hates that, and I have personally witnessed a Court sending a so-cited brief back to the party to re-file with inline citation.

Maximize Oral Argument (See pages 5-6).

Probably the most useful section of the Practice Preferences goes into detail about Oral Argument best practices: how to introduce yourself, answer the Court’s questions, don’t interrupt the judge, be conscious of your remaining time, know your record and briefs and law, and practice!

Whether you are in the Second District or any other Florida intermediate appellate court, the guide is a concise and helpful summary of some of the most common questions of appellate procedure and practice.

Badalamenti Fills Davis Vacancy on Second DCA

The Governor has appointed John L. Badalemnti, who until his appointment had served for nine years as an assistant in the Appellate Division of the Office of Federal Defender, Middle District of Florida, to fill the vacancy on the Second District Court of Appeal created by Judge Davis’ retirement. Judge Badalementi announced at the HCBA Appellate Section Luncheon earlier this week that he will start on the Court next Monday, May 18th. Congratulations, Judge Badalamenti.

Governor Fills New Second District Seats

Merry Christmas and Happy New Year to Sam Salario and the Hon. Matthew Lucas for their appointments to the Second District Court of Appeal. Governor Scott appointed Salario and Lucas to fill the vacancies created by the Florida Legislature last session.

Soon-to-be Judge Salario will spend a few weeks wrapping up his practice as a partner at Carlton Fields. I’ve known Sam since our clerkship days (we both worked for Federal judges in the same courthouse at the same time) and I am so thrilled to see him ascend to the bench. Judge Lucas currently serves as a Thirteenth Judicial Circuit Court Judge in Tampa.

Best of luck to them both as they transition to life on the appellate bench, and to the entire Second DCA as they adjust to having two more judges to handle the case load!