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There are two distinct forms of appellate review, "direct" and "collateral". For example, a criminal defendant may be convicted in state court, and lose on "direct appeal" to higher state appellate courts, and if unsuccessful, mount a "collateral" action such as filing for a writ of habeas corpus in the federal courts. Generally speaking, "[d ...
The existence of the DCAs was provided for in the Florida Constitution, which now requires the legislature to divide the state into appellate court districts, providing each with a DCA. At the time, Florida was the second state to have district courts of appeal, as California had created its own district courts of appeal in 1904.
The Fourth District Court of Appeal was created in 1965, and located in Vero Beach. In 1967, the Legislature relocated the Fourth District to West Palm Beach, and the Court moved to its permanent site on Palm Beach Lakes Boulevard in 1970.
The addition of the Florida Sixth District Court of Appeal in 2023 changed the caseload of the Fifth DCA. Previously, the Fifth DCA handled cases from the following counties and circuit courts: Lake, Marion, Sumter, Citrus & Hernando (Fifth Circuit); Volusia, Flagler, Putnam & St. Johns (Seventh Circuit); Orange & Osceola (Ninth Circuit); and ...
The Florida Supreme Court adopted the Florida Rules of Civil Procedure in March 1954. [2] The proper abbreviation for the rules is Fla.R.Civ.P. [3] The rules may be amended, or new rules added, from time to time and upon the approval of the Florida Supreme Court.
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In one case, Smith charged Trump with mishandling classified documents in Florida, which a federal district judge dismissed. Smith appealed the case, which is before the 11th Circuit Court of Appeals.
A Florida appeals court has effectively opened a loophole in the state's long-standing law against recording telephone conversations without the permission of both sides of the call, ruling that ...
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