The Third District Court of Appeal is now accepting applications to fill the vacancy created by the retirement of Judge Gerald B. Cope, Jr. If you’ve been a member of The Florida Bar for the past 10 years, are a registered voter, and reside in Miami or elsewhere within the territorial jurisdiction of the Third District Court of Appeal, throw your hat in the ring.
The territory of the 3rd DCA is in purple in the map below:
I wouldn’t want to be the lawyer who not only lost the appeal with a PCA, but also got admonished for not following the rules and properly citing to the record. Fla. R. App. P. 9.210(b)(2), people. It’s not just for breakfast any more. Siforov v. HSCB Bank, USA, No. 3D08-2895 (Fla. 3d DCA July 28, 2010).
The appendix requirement of Florida Rule of Appellate Procedure 9.220 is not just an afterthought, it’s a necessity. When you are asking the Court to review a non-final order, in particular, the appendix is essential: The appellate court is not sent the record, and is counting on the litigants to provide it with copies of the pleadings, transcripts, and other relevant documents that were before the trial court.
And if you don’t serve an appendix with your brief, as required by Rule 9.130(e)? The Third DCA will affirm the holding below. Reliance Property Management, Inc. v. Transportation Equipment Specialists, Inc., No. 3D09-411 (Feb. 24, 2010)[/pdf].