Florida District Courts of Appeal
Encyclopedia
The Florida District Courts of Appeal (DCAs) are the intermediate appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
s of the Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
state court system. There are five DCAs:
- The First District Court of AppealFlorida First District Court of AppealThe Florida First District Court of Appeal, also known as the First DCA, is headquartered in Tallahassee, Florida. It is unique among the five Florida District Courts of Appeal in that, much like the U.S. Court of Appeals for the D.C. Circuit at the federal level, it handles most of the appeals in...
is headquartered in TallahasseeTallahassee, FloridaTallahassee is the capital of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County, and is the 128th largest city in the United States. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In 2010, the population recorded by... - The Second District Court of AppealFlorida Second District Court of AppealThe Florida Second District Court of Appeal is headquartered in Lakeland, Florida and has a branch in Tampa.-History:The initial territorial jurisdiction of the Second District, with its headquarters in Lakeland, encompassed twenty-eight counties, ranging from Lake County in the north, to Collier...
is headquartered in LakelandLakeland, FloridaLakeland is a city in Polk County, Florida, United States, located approximately midway between Tampa and Orlando along Interstate 4. According to the 2008 U.S. Census Bureau estimate, the city had a population of 94,406...
and has a branch in TampaTâmpaTâmpa may refer to several villages in Romania:* Tâmpa, a village in Băcia Commune, Hunedoara County* Tâmpa, a village in Miercurea Nirajului, Mureş County* Tâmpa, a mountain in Braşov city... - The Third District Court of AppealFlorida Third District Court of AppealThe Florida Third District Court of Appeal is headquartered in Miami, Florida. Its ten judges have jurisdiction over cases arising from Miami-Dade Monroe Counties.-History:...
is headquartered in MiamiMiami, FloridaMiami is a city located on the Atlantic coast in southeastern Florida and the county seat of Miami-Dade County, the most populous county in Florida and the eighth-most populous county in the United States with a population of 2,500,625... - The Fourth District Court of AppealFlorida Fourth District Court of AppealThe Florida Fourth District Court of Appeal is headquartered in West Palm Beach, Florida. Its twelve judges have jurisdiction over cases arising in Palm Beach County, Broward County, St. Lucie County, Martin County, Indian River County, and Okeechobee County....
is headquartered in West Palm BeachWest Palm Beach, FloridaWest Palm Beach, is a city located on the Atlantic coast in southeastern Florida and is the most populous city in and county seat of Palm Beach County, the third most populous county in Florida with a 2010 population of 1,320,134. The city is also the oldest incorporated municipality in South Florida... - The Fifth District Court of AppealFlorida Fifth District Court of AppealThe Florida Fifth District Court of Appeal is headquartered in Daytona Beach, Florida.-History:The Fifth District Court of Appeal was created by the 1979 session of the Florida Legislature.-Chief Judges:...
is headquartered in Daytona BeachDaytona Beach, FloridaDaytona Beach is a city in Volusia County, Florida, USA. According to 2008 U.S. Census Bureau estimates, the city has a population of 64,211. Daytona Beach is a principal city of the Deltona – Daytona Beach – Ormond Beach, Florida Metropolitan Statistical Area, which the census bureau estimated had...
History
The District Courts of Appeal were created by the Florida LegislatureFlorida Legislature
The Florida State Legislature is the term often used to refer to the two houses that act as the state legislature of the U.S. state of Florida. The Florida Constitution states that "The legislative power of the state shall be vested in a legislature of the State of Florida," composed of a Senate...
in 1957 to provide an intermediate level of appellate review
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
between the trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
s (the county courts and circuit courts
Florida Circuit Courts
The Florida Circuit Courts are state courts. They are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution .The Circuit Courts primarily handle civil cases where...
) and the Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
. This was done, as in other parts of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, to relieve the state supreme court's
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
ever-increasing appellate docket; the lobbying effort by Florida Supreme Court Justice Elwyn Thomas
Elwyn Thomas
Elwyn Thomas was a Florida judge, and a Justice of the Florida Supreme Court from 1938 to 1969.-Brief Biography:...
played a large role in the DCAs' creation.
Three DCAs were initially created, with the Third District Court of Appeal was given jurisdiction over cases arising from Dade
Miami-Dade County, Florida
Miami-Dade County is a county located in the southeastern part of the state of Florida. As of 2010 U.S. Census, the county had a population of 2,496,435, making it the most populous county in Florida and the eighth-most populous county in the United States...
and Monroe
Monroe County, Florida
Monroe County is a county located in the state of Florida. As of 2000, the population was 79,589. The U.S. Census Bureau 2006 estimate for the county was 74,737....
counties. Later, the Fourth and Fifth District Courts of Appeal were created.
The existence of the DCAs was provided for in the Florida Constitution
Florida Constitution
The Constitution of the State of Florida is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of Florida, and establishes the basic law of the state....
, which now requires the Legislature to divide the State into appellate court districts, providing each with a DCA.
Judges
District Court of Appeal judgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s, like Florida Supreme Court justices, are first recommended by the Florida Judicial Nominating Commission
Florida Judicial Nominating Commission
The Florida Judicial Nominating Commissions are 26 separately constituted bodies responsible for providing the governor of Florida with a list of possible appointments to the various state courts...
. They are then appointed by the governor of Florida, but have retention election
Retention election
A judicial retention election is a periodic process whereby a judge is subject to a referendum held at the same time as a general election...
s every six years, in which voters are asked on the ballot to vote whether the judge should be retained in office. (Retention rates are very high).
DCAs have different numbers of judges - currently ranging from 11 to 15 - based on the docket size.
Jurisdiction
The Court's Jurisdiction is set forth in Florida Rule of Appellate Procedure 9.030.Appeals are usually heard by a three-judge panel. Occasionally a DCA will hold an en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
hearing, in which all the judges participate.
Case law and decisions from a District Court of Appeal are persuasive
Persuasive precedent
Persuasive precedent is precedent or other legal writing that is related to the case at hand but is not a binding precedent on the court under common law legal systems such as English law. However, persuasive authority may guide the judge in making the decision in the instant case...
and often cited by other District Courts of Appeal, but are not binding precedent on those courts. However, the decisions
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
and case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
precedent of each District Court of Appeal are binding
Binding precedent
In law, a binding precedent is a precedent which must be followed by all lower courts under common law legal systems. In English law it is usually created by the decision of a higher court, such as the Supreme Court of the United Kingdom, which took over the judicial functions of the House of...
upon all of the circuit and county courts within the State of Florida. See Pardo v. State, 596 So.2d 665 (Fla. 1992). In the event of a conflict between the decisions of different District Courts of Appeal, county and circuit courts must adhere to the case law of their own District Court.
District Courts of Appeal may recede from certain case law and precedent in subsequent decisions, or the Supreme Court may override a district court's precedent in favor of conflicting case law from another district. Because the Florida Supreme Court has predominantly discretionary jurisdiction
Discretionary jurisdiction
Discretionary jurisdiction is a legal term used to describe a circumstance where a court has the power to decide whether to hear a particular case brought before it...
(i.e., can choose which cases it wants to hear), the DCAs provide the final word on the vast majority of cases appealed in the State of Florida. Cases that are affirmed without comment by the district courts cannot be appealed to the Supreme Court, even as a request for discretionary review.
Cases involving the death penalty
Capital punishment in Florida
Capital punishment is legal in the U.S. state of Florida. Florida was the first state to reintroduce the death penalty after the Supreme Court of the United States struck down all statutes in the country in the 1972 Furman v. Georgia decision, and the first to perform a post-Furman involuntary...
are heard directly and automatically by the Florida Supreme Court, bypassing the District Courts of Appeal.
External links
- Website of the Florida District Courts of Appeal
- Florida First District Court of Appeal Website
- Florida Second District Court of Appeal Website
- Florida Third District Court of Appeal Website
- Florida Fourth District Court of Appeal Website
- Florida Fifth District Court of Appeal Website
- Florida Rules of Appellate Procedure