Appeals

Amended Rule Establishing Appellate Panels and
Procedures For Appeals to the Circuit Court

In an effort to promote uniformity of appellate decisions and to avoid intra-Circuit conflict if possible, and in order to enhance judicial efficiency involving appeals to the Circuit Court, the following procedures are established concerning appeals to the Circuit Court and certain writs arising from the County Court and from administrative agencies:

1. All appeals from the County Courts of Orange and Osceola Counties, all petitions for writ of certiorari which seek review of a decision of any public body, city or county commission or counsel,administrative board or agency, or the County Courts, all writs of prohibition and mandamus directed to the County Courts or Judges thereof, or to any public body or agency, shall now be resolved by an appellate panel consisting of three Circuit Judges.  Every Circuit Judge, except as determined by the Chief Judge, shall be assigned to a panel by the Chief Judge and will remain on the panel for one calendar year.  Prior to January of each year, the Chief Judge or the Chief Judge's designee will reassign each Judge to a new panel.  The Chief Judge shall also insure that the panels comply with the time guidelines contained herein.  Except for cases arising in Osceola County, the Circuit Appellate Court Clerks shall randomly assign cases to the appellate panels on a rotating basis.  Cases assigned to the panel will remain with that particular panel until the case is concluded, even if resolution occurs after the Judges are assigned to new panels.

2. Each year, the Chief Judge will determine the number of appellate panels and will assign the Judges to a panel.  This determination will be made with every effort to assign all Judges to an appellate panel.

3. In Osceola County, three of the Circuit Judges assigned to Osceola County shall act as an individual panel and will hear all appeals initiated in Osceola County.

4. Initially, the number of Circuit Judges currently available allows for ten complete appellate panels.  There remains two Judges unavailable for appellate service.  At this time the Chief Judge and the Appellate Judge for Osceola County will not be assigned to a panel.  These two Judges shall remain unavailable for full-time service until such time as another Circuit Judge is added to the Circuit.   However, the Chief Judge and the Administrative Judge for Osceola County shall remain available for substitute service on a panel on as needed basis.

5. Every panel shall have a Presiding Judge.  Each individual panel member will in turn sit as the Presiding Judge.  Once the assignments are made, the first Judge listed for each panel shall be the Presiding Judge for the period of January through April.  The second Judge listed shall be the Presiding Judge for May through August and finally, the third Judge shall be the Presiding Judge for September through December, unless otherwise agreed amongst themselves.

6. During each four month term, the Presiding Judge shall hear all motions filed in every appeal assigned to the panel.  This includes whether oral argument should be granted.  If oral argument is granted, the Presiding Judge shall coordinate scheduling of the oral argument with the remaining panel members.  If a Judge is unable to attend the oral argument, that Judge must obtain a substitute Judge who shall then be responsible for that panel member's case.  Any Judge who obtains a substitute shall notify the other panel members and insure that the Substitute Judge receives the file prior to oral argument.

7. Each Judge is ultimately responsible for every appeal filed during the time he or she is Presiding Judge.  The determinative date is the day the Notice of Appeal is filed with the Clerk of the Circuit Court.  If oral argument is scheduled on a case assigned to that Judge, the entire appellate file shall be delivered to the Judge prior to oral argument.  That Judge shall bring the file to oral argument and will give the initial presentation to the remaining panel members at the conference.  The file shall also be available for review upon request by any panel member.

8. After all briefs are filed and before any oral argument, a law clerk shall prepare a summary of the appeal and attach the relevant case law.  Each member of the appellate panel shall receive a copy of the summary.

9. If oral argument is held, the panel will immediately thereafter conference in order to decide the appeal.  However, if no oral arguments are scheduled for a case, the Judge assigned to the particular appeal shall schedule a conference within twenty days after the reply brief is due.  In both situations, the written opinion must then be issued within sixty days after conference.  Opinions should be written in rotating order within the panel on the majority.  No per curiam
   reversals are permitted.  The proposed opinion will be circulated simultaneously to the other panel members for consideration.  Any Judge may write a concurring or dissenting opinion which must also be circulated prior to the filing of the majority opinion.

10. A majority of the Presiding Judges at the time of appeal is pending before the Court may order that a proceeding be determined en banc.  The same Judges who were Presiding Judges at the time the decision was made to determine the issue en banc, shall constitute the en banc panel.  En banc hearings and rehearings shall not be ordered unless the case is of exceptional importance or unless necessary to maintain uniformity within the Circuit.  The en banc decision shall be by the majority of the Judges.  A hearing en banc may be ordered only by the Judges on their own motion.  A party may not request an en banc hearing.  A motion seeking an en banc hearing shall be stricken.  As to rehearings en banc, a vote will not be taken on a motion for rehearing en banc unless requested by a Judge.  Judges who did not sit on the panel are under no obligation to consider the motion unless a vote is requested.

11. The County Court Appeals Procedure for Orange County shall remain in full force and effect to the extent the Procedures do not conflict with this rule.   The Procedures shall be amended to comply with this Rule.