Florida Appeals (3d DCA): Oral Argument, Disposition, and Post-Decision Procedure | Practical Law

Florida Appeals (3d DCA): Oral Argument, Disposition, and Post-Decision Procedure | Practical Law

This Practice Note addresses oral argument, disposition, and post-decision motions in appeals from circuit court orders or judgments to Florida's Third District Court of Appeal. This Note specifically covers the procedure for requesting, scheduling, preparing for, and presenting oral argument, including the procedures for entering the court, the time allotted for argument, the basic protocol that attorneys should follow during argument, and issues involving remote oral argument. This Note also explains how to notify the court of supplemental authority after briefing or oral argument has concluded, the effect of the court's decision, opinion, and mandate, and the procedures for seeking post-decision relief, including motions for rehearing and rehearing en banc, clarification, written opinions, and requests for certification to appeal decisions to the Florida Supreme Court.

Florida Appeals (3d DCA): Oral Argument, Disposition, and Post-Decision Procedure

Practical Law Practice Note w-004-2531 (Approx. 14 pages)

Florida Appeals (3d DCA): Oral Argument, Disposition, and Post-Decision Procedure

by Practical Law Litigation
MaintainedFlorida
This Practice Note addresses oral argument, disposition, and post-decision motions in appeals from circuit court orders or judgments to Florida's Third District Court of Appeal. This Note specifically covers the procedure for requesting, scheduling, preparing for, and presenting oral argument, including the procedures for entering the court, the time allotted for argument, the basic protocol that attorneys should follow during argument, and issues involving remote oral argument. This Note also explains how to notify the court of supplemental authority after briefing or oral argument has concluded, the effect of the court's decision, opinion, and mandate, and the procedures for seeking post-decision relief, including motions for rehearing and rehearing en banc, clarification, written opinions, and requests for certification to appeal decisions to the Florida Supreme Court.
Florida court procedures have largely returned to their pre-pandemic practices following a range of emergency protocols addressing the 2019 novel coronavirus disease. However, certain pandemic-related protocols remain in place. For more information on how the pandemic continues to impact Florida courts, see Practice Note, Continuing Impacts of COVID-19 on Florida Practice: Overview. Counsel should also check their individual court’s administrative orders for more specific guidance.