Columbus Day is Not a Holiday in Florida State Court

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If you were counting on your deadline today to move to Tuesday because of Columbus Day, you’d better think again and get cracking. Effective October 1, 2012, the Florida Supreme Court has clarified what is and is not a “Legal Holiday” for purposes of time calculation in all Florida state courts, and Mr. Columbus did not make the list. Now, the legal holidays are:

(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.

Perhaps your local District Court or Circuit Court has an administrative order acknowledging Mr. Columbus — it’s worth a quick call to the Clerk’s office, or a check of the court’s website, to find out. But otherwise, unlike in Federal Court, today is just another Monday.

New Time Calculation and Computation Rules Take Effect

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Today’s the day that the new Fla. R. App. P. Rule 9.420, and the new Fla. R. Jud. Admin. 2.514, go into effect. As I noted when the rule change was announced, the new rule doesn’t so much alter as clarify the method for calculating time — most importantly, making much more clear what is or is not a “Legal Holiday” for purposes of time calculation. For a full explanation of (and links to) the rule, be sure to read my analysis here. Because new Fla. R. Jud. Admin. 2.514 applies for all rules of procedure, this one is an important read even if you never do an appeal. Happy calendaring!

Supreme Court Delays Mandatory e-Filing

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The Florida Supreme Court, on its own motion, has concluded that the state’s appellate courts are not yet ready for mandatory e-filing, delaying implementation of the requirement to December 1, 2012 for itself, and April 1, 2013 for the District Courts of Appeal. See SC-11-399 (September 19, 2012) [.pdf].

The Order also gives trial court clerks until July 1, 2013 to implement transmission of electronic records on appeal.

The Order requires further study and reporting to the Court by the Florida Courts E-Filing Authority, and the Florida Courts Technology Commission. So come November, we will know more about the courts’ readiness for e-filing of appellate briefs.

NOTE: In October, 2012, the Court withdrew its order and issued a revised SC11-399 [.pdf] in its place.