Florida Association of Court Clerks

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Florida Association of Court Clerks
ComptrollersProcedures for AppealsTampa,
FloridaJune 10, 2009Presented byThomas D.
HallJames Birkhold
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Set-up Issues

• Long held NOAs orders from 2dca after 30 days
  announcing this.
• Usefulness of transmittal letters tips about
  case history (e.g., sentencing not yet conducted)
  and docket print outs. If notice on its face
  appears untimely, provide us perhaps with
  relevant rehearing information.

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Set-up Issues (contd)

• If order approves magistrate recommendation, the
  underlying recommendation helps us classify the
  proceeding and would save us the trouble of
  beating it out of the appellant.
• Need for accurate attempts at case
  classifications (e.g., summary or non-summary).

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Set-up Issues (contd)

• Summaries Summary record stapled in groups of
  documents a listing of all docs in transmittal
  letter is helpful don't bury the NOA in the
  summary record prefer that the NOA is certified
  and not the last page of the summary record.
  Notices and summary records should come in one
  envelope.
• Duplicate appeals Don't resend notice with order
  of insolvency or apptment of counsel on appeal,
  or check for filing fee atty and pro se NOAs,
  please alert us to the prior filing.

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Set-up Issues (contd)

• Dependency/TPR send separate notices for both
  parents and don't simply put the second NOA in
  the record of the first appeal.
•  Ambiguous pro se criminal appeals send order
  appealed if possible. Or, if J S appeal,
  advise of such and the date of the sentencing.
•  Never hold NOAs until the fees are paid.

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Set-up Issues (contd)

• Unreadable date stamps on NOA especially stamp
  it on blank area of document. Also needs to be
  well-inked.
• Forward insolvency when entered, not simply in
  record.
• Esp in dependency/TPR cases, forward order of
  apptment of counsel ASAP.
• Checks for fees should be stapled or anchored to
  the NOA.

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Set-up Issues (contd)

• 9.110(n) judicial waiver cases call and alert us
  to the filing of the NOA immediately.
• Belated appeals certify the opinion or order as
  a NOA and return promptly.
• Habeas corpus denials provide copy of order,
  and, as possible, petition to aid in case
  classification.
• We need the addresses of litigants, esp pro se
  appellants.

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Set-up Issues (contd)

• Identify which of several types of case numbers
  which to install in cms as lower tribunal
  number.
• Don't send uncertified NOAs with questions about
  how to treat it.
• Cut-off litigants forward NOA even if cut off in
  circuit court.

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Records and Miscellaneous

• Bound but unpaginated records, esp. from smaller
  counties, accompanying NOA often.
• Alerting us to sealed materials.
• Alerting us to improperly unsealed materials.
• Proof of service on records and indexes.
• TPR/dependency records treated as criminal or
  civil?
• Quality of binding of records paper v cardboard
  money issues.

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Records and Miscellaneous (contd)

• Bulky exhibits. 
• Don't box more than one appeal in a box if parts
  of those appeals are also contained in another
  box.
• Secure envelopes so contents cannot fall out.
• Holding off on transmission of record until
  complete (e.g., nonsummary record without
  evidentiary hearing transcript).

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Records and Miscellaneous (contd)

• Volumes of record in box should be sequential. 
• Aspiration Online dockets accessible for free
  and up to date.
• Exhibits Copies or originals? Civil v. criminal
  and the different practices of the counties.
  Pagination of copies of exhibits?

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Records and Miscellaneous (contd)

• Delays in record preparation notification to the
  appellate court, by letter, request for
  extension, copy of letter to court reporter or
  party who is responsible?
• Civil records originals or copies the
  preference of the appellate courts.
• Records use on-line docket to monitor progress
  of cases. Frequently receive records after case
  has been dismissed but before trial court clerk
  receives the final order.

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Death Penalty Cases

• In postconviction cases, the notice sometimes is
  not transmitted immediately but comes with the
  record transmit it upon receipt.
• Improper pagination and binding of death penalty
  records.
• Communications re delays in record transmission.

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Any Questions?
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• The End