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Fla. L. Weekly D2175dTop of Form
Fla. L. Weekly D2175dTop of Form
Appeals
— Extension of time to file initial, answer, or reply brief — Agreed notice
— Procedure
— Extension of time to file initial, answer, or reply brief — Agreed notice
— Procedure
ADMINISTRATIVE ORDER 17-2. 1st
District. October 12, 2017.
District. October 12, 2017.
In re: Agreed Extensions of Time for
Briefs
Briefs
BY ORDER OF THE COURT:
Effective November 1, 2017, as an
alternative to an agreed motion for extension of time to file an initial, answer,
or reply brief pursuant to Florida Rule of Appellate Procedure 9.300(a), the
court will accept a notice from a party that the parties have agreed to a
specific extension of time.
alternative to an agreed motion for extension of time to file an initial, answer,
or reply brief pursuant to Florida Rule of Appellate Procedure 9.300(a), the
court will accept a notice from a party that the parties have agreed to a
specific extension of time.
An agreed notice of extension of
time will be accepted for up to a total of 90 days for an initial or
answer brief, and 15 days for a reply brief.
time will be accepted for up to a total of 90 days for an initial or
answer brief, and 15 days for a reply brief.
This procedure shall apply to final
and non-final criminal and civil appeals, including administrative appeals, but
shall not apply to proceedings involving adoptions, dependency,
termination of parental rights, delinquency, or any emergency appeal or any
other appeal that has been accorded expedited treatment by order of this court.
It does not apply to original proceedings governed by Rule 9.100,
Workers’ Compensation proceedings, or appeals governed by Rule 9.141(b)(2).
and non-final criminal and civil appeals, including administrative appeals, but
shall not apply to proceedings involving adoptions, dependency,
termination of parental rights, delinquency, or any emergency appeal or any
other appeal that has been accorded expedited treatment by order of this court.
It does not apply to original proceedings governed by Rule 9.100,
Workers’ Compensation proceedings, or appeals governed by Rule 9.141(b)(2).
The notice shall be in substantially
the form prescribed below:
the form prescribed below:
The
undersigned (Appellant/Appellee ______) or counsel for
(Appellant/Appellee________) has agreed with (Appellant/Appellee _______) or
counsel for (Appellant/Appellee ______) that the time for serving
Appellants/Appellee’s (initial, answer, or reply) brief may be extended for
______ days.
undersigned (Appellant/Appellee ______) or counsel for
(Appellant/Appellee________) has agreed with (Appellant/Appellee _______) or
counsel for (Appellant/Appellee ______) that the time for serving
Appellants/Appellee’s (initial, answer, or reply) brief may be extended for
______ days.
The notice need not be signed by
both parties. No order will issue from the court if the stipulation complies
with this directive.
both parties. No order will issue from the court if the stipulation complies
with this directive.
Extensions of time that have been
granted prior to the submission of a stipulation shall be computed as part of
the aggregate time periods described herein. Extensions of time beyond 90 days
for initial and answer briefs and 15 days for reply briefs, whether agreed upon
or not, must be presented by motion to the court. However, no further
extensions will be granted except in bona fide cases of emergency.
granted prior to the submission of a stipulation shall be computed as part of
the aggregate time periods described herein. Extensions of time beyond 90 days
for initial and answer briefs and 15 days for reply briefs, whether agreed upon
or not, must be presented by motion to the court. However, no further
extensions will be granted except in bona fide cases of emergency.
Witness the Honorable Bradford L.
Thomas, Chief Judge of the District Court of Appeal, First District, and the
Seal of said Court, at Tallahassee, Florida, this 12th day of October, 2017.
Thomas, Chief Judge of the District Court of Appeal, First District, and the
Seal of said Court, at Tallahassee, Florida, this 12th day of October, 2017.
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