Tips From A Day With The Third DCA

The Appellate Section of the Florida Bar recently held a day long seminar with the judges of the Third DCA in Miami.  Other than the very long trek down to southwest Miami, this seminar was a day well spent.   If you represent clients on appeal, I recommend attending these seminars.   They happen about once every two (2) years and it is an opportunity to hear directly from the judges what they like and maybe more importantly, what they don’t like.

Also, the Third DCA is launching a pro bono program that appoints lawyers to cases when the judges believe the court would benefit from a party being represented by appellate counsel.  This is a great opportunity to serve and to handle an appeal and probably an oral argument.   If you are interested, contact the Third DCA.

Below are some of my take-aways, in no particular order:

1. If filing a motion for sanctions, know the DCA’s definition of “frivolous”.
2. The new Sixth DCA will open on January 3, 2023. Its headquarters will be in Lakeland.  It runs from Orlando south down the middle of the state and then turns west to Naples.
3. The new Sixth DCA will probably develop its precedent on a case-by case basis similar to what the Fifth DCA did when it was created in the seventies.
4. Motions in appellate courts should be shorter than motions in the trial court.
5. If you are the Appellant, your brief should say succinctly where the trial court made a mistake and why the mistake requires reversal. Easier said than done.
6. Consider adding an introduction to the brief. The rules do not require it, but the judges appreciate an Introduction that gives them context before they start reading the brief.
7. At Oral Argument, know which case best supports your argument. The judges can and do ask for this information.
8. At Oral Argument, appellants should be ready to state the nature of relief that is requested.
9. Don’t attack the trial judge. Most appellate judges are former trial judges and understand the challenges they face.
10. Don’t shake your head during Oral Argument. Maintain a poker face.
11. NO MINI TRANSCRIPTS. Replace any mini transcripts by supplementing the record on appeal.

There are so many more practice tips from this seminar.  I understand that it will be available for purchase.  The sponsor was the Appellate Law Section of the Florida Bar and they did a fantastic job putting on this event.  It is well worth the time.