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Don't Miss Our Section's Meeting
at the Tampa Marriott in September, 2004!
The Florida Bar Appellate Practice Section
Meeting Schedule - September 9, 2004
Tampa Airport Marriott

Committee Meetings 10:00 a.m. - 12:00 p.m
Executive Council 2:00 p.m. - 4:00 p.m.
Reception 4:30 p.m. - 6:00 p.m.

Appellate Practice Section Adkins and Pro Bono Awards

Adkins Award
The Appellate Practice Section presented its annual Adkins Award 2004 to Arthur J. England at the Section's annual Dessert Reception on Thursday, June 24, 2004, in Boca Raton. The Award celebrates the memory of James C. Adkins, and was established in 1995 to honor those who have made significant contributions to the field of appellate practice in Florida.

Appellate Practice Pro Bono Award
Also at the Section's annual Dessert Reception, the Appellate Practice Section presented its annual Pro Bono Award 2004 jointly to two appellate practitioners, Stephen Hanlon and Susan Kelsey, both of Holland and Knight. This Award honors the extensive contributions of time and skill made by appellate practitioners on behalf of Florida's poor.

 

New Officers and Appointments
in the Appellate Practice Section

The Section has elected the following officers and counsel members:

• Chair: John Crabtree
• Chair-Elect: Tim Hall
• Vice-Chair: Susan Fox
• Secretary: Steve Brannock
• Treasurer: Siobhan Shea
• Editor of The Record: Dorothy Easley
• Executive Counsel Members:
  • Matthew Conigliaro
  • Betsy Gallagher
  • Valeria Hendricks
  • Wendy Loquasto
  • Marianne Trussell

The Section also extends congratulations to the new Florida Appellate Court Rules Committee Chair, Siobhan Shea, and Committee Vice Chairs, Barbara Eagan, Judge Joseph Lewis, and Jack Reiter.

The Record Continues Online
and Subject Area Expansion

The Record is actively welcoming your articles and suggestions. The 2004 Summer Issue, produced by The Record's new Editor, Dorothy Easley, is now in final publication stage. The deadline for The Record Fall Issue is August 15th. The deadline for The Record Winter Issue is October 15th.

In the upcoming Summer Issue, in addition to the Message from the Section's new Chair, John G. Crabtree, other articles include:

• Profile of Judge Frank Shepherd by Ed Mullins
• 2004 Adkins Award and Pro Bono Award Winners by Jack Aiello
• Discussion with the Florida Supreme Court by Jack Shaw
• The Section's Tenth Anniversary Dessert Reception Swings New Orleans' Style by June G. Hoffman
• Who's Your Appellate Lawyer? Spotlight on Fox & Loquasto, P.A. by Susan W. Fox
• Jacksonville Appellate Lawyers Strengthen Connections Between the Appellate Bench and Bar by John S. Mills
• Educating The Vote by Raymond T. (Tom) Elligett, Jr.
• The Editor's Column: Dr. Bethany Dumas Speaks On Helping Jurors Understand the Law by Dorothy Easley

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E-Filing Update: Pilot Project at Supreme Court
and Fourth DCA Is on Schedule and on Task

Judge Farmer, Chief Judge of the Fourth District Court of Appeal, reported that he had convened a committee of local appellate lawyers to advise the Court in setting up its e-filing program. The Court has acquired a document management system, and has studied the protocols adopted by other courts that have adopted e-filing. The Fourth District's Judge Warner added that the issue had become a legislative matter in the last session, and the legislature had raised filing fees by $50, with the increase to be trust-funded for technology. The Fourth District expects to be fully installed for e-filing in 2005.

The Honorable Tom Hall, Clerk of the Supreme Court of Florida, reported on the e-filing initiative at the Supreme Court. The Court is planning a test program using e-filing with a small subset of its cases. It is also working on expanding its capability for accepting documents by e-filing, and acquiring a document management system for handling the filings received. The Court will be appointing a small group of attorneys to consult with the Court on the many rule changes that will be necessitated by e-filing. These would include things like calculation of service times, formatting of appendices, measurement of page limits, word processing formats (such as Word, WordPerfect, PDF), how to deal with multiple filings combined within one document, and creation of electronic records on appeal. In addition, there are many privacy issues concerning these documents that need to be worked out, as well as public records law issues.

The Section Chair further reported that he had received an inquiry from Dean Mills, at the University of Florida, concerning the Supreme Court Commission on technology, and appointed John Mills, Susan Fox, Siobhan Shea, and Calianne Lentz to respond to the letter from Dean Mills. The Chair urged the Committee to also request an extension of time for the Section to present comments.

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Amicus Committee to Prepare Amicus Brief on Issue of Denying Litigant Right to Meaningful Appellate Counsel

John Crabtree reported on a case wherein a trial judge had issued an order refusing to authorize a client's retention of appellate counsel and allowed only limited fees for appeal. The trial judge reasoned that the trial lawyer should already be familiar with the case. The trial lawyer will be seeking certiorari in the Fifth DCA. The Section has agreed to enter as Amicus Curiae and file an Amicus brief, with Matthew Conigliaro volunteering to prepare the brief on behalf of the Section.

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Appellate Telephone Conference CLEs Remain Huge Success!

Appellate Telephone Conference CLE Committee Chair, John Mills, has spearheaded the first Telephone Conference CLE for appellate lawyers, designed primarily for Section Members, with issues principally at an intermediate to advanced level. They are held the third Tuesday of every month, starting at 12:10 p.m., for 50 minutes, ending at 1:00 p.m. These CLEs are conducted once each month. Be sure to calendar the one-hour lunch-time Appellate Telephone Conference CLEs, which began February 24, 2004.

On May 18, 2004, John Mills, Esq., of Mills & Carlin, P.A., moderated the Section's CLE telephone seminar on Amicus Curiae issues, in the continuing series of these successful seminars. The panel consisted of the Honorable Joel Dubina, Circuit Judge, U.S. Court of Appeals for the Eleventh Circuit, the Honorable Peter Webster, District Judge, First District Court of Appeal, State of Florida, Steven L. Brannock, Esq. of Holland & Knight, experienced in representing corporate and media interests as Amicus Curiae, Philip M. Burlington, Esq., of Philip M. Burlington, P.A., Chair of the Academy of Florida Trial Lawyers Amicus Committee, Ben Kuehne, Esq., of Sale & Kuehne, P.A., experienced in representing criminal defense lawyer organizations, and Joseph H. Lang, Jr., Esq. of Carlton Fields, P.A., who recently co-authored two articles on Amicus Curiae in the Stetson Law Review.

On July 20, 2004, Robert Weill, Esq., of McIntosh, Sawran, Peltz, Cartaya, & Petruccelli, P.A., moderated the Section's CLE telephone seminar on topics concerning the operation of and practice before the Supreme Court of Florida. The Honorable Justice Anstead of the Supreme Court of Florida spoke to appellate practitioners phoning in across Florida on issues ranging from how the Court has changed since Justice Anstead came to the Court in 1994 to what changes are anticipated in the future, some of the most common criticisms of jurisdictional and merits briefs filed with the Court, the most common criticisms of oral arguments before the Court, Justice Anstead's views on the potential addition of a new District Court of Appeal, whether a rule permitting Amicus briefs directed solely to the discretionary element of the Court's jurisdiction would be a good idea, and the Court's internal operating procedures for handling writs and motions.

The timing and content of these conferences could not be better for Section Members. So, be sure to mark your calendars, and sign up promptly when the notices are sent, so that you do not miss these terrific seminars designed for appellate practitioners.

What Else Is Happening?

The Section's website continues to undergo improvements. Updates of Section events and news will continue to be posted. All non-current editions of The Record are continuing to be scanned for posting to the website. A searchable index will be added within the next year. To see the latest on the website, go to flabarappellate.org.

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