FOOLPROOF APPEALS: TIPS & THOUGHTS FOR PRACTICING IN THE SIXTH DCA
Stacy L. Haverfield & Christopher D. Donovan
INTRO TO THE NEW SIXTH DCA
First new DCA since 1979 (first time the 20th Circuit has been in a new DCA since 1956)
Created: June 2, 2022
Began operation: January 1, 2023
Comprised of the 9th, 10th, & 20th Circuits
Currently no courthouse—Third Year no Funding
RECEIVED:
1,117 cases from the Second DCA.
574 cases from the Fifth DCA
2,653 cases were filed directly in the Sixth DCA
Total number: 4,344
Disposed of only 866 cases in 2023
LET’S DIG DEEPER
PCAs = 688
Written Opinions = 178
PCA Rate = 79.45%
Fairly consistent with Second DCA’s last five years = 85% PCA (Out of 18,946 appeals)
WHAT DO THESE NUMBERS MEAN?
106 Appellants received some form of positive result
87.76% But 760 Appellees outright prevailed
Appellee
2024 BASIC STATS:
Disposed of 1,168 cases
PCAs = 1003
Written Opinions = 165
PCA Rate = 85.87%
LET’S DIG EVEN DEEPER
Of the 1,168 cases disposed of in 2024:
Complete Affirmance Result: 1,077
Affirmed in Part/Reversed in Part: 24
Complete Reversal: 65
WHAT DO THESE NUMBERS MEAN?
89 Appellants received some form of positive result
Positive Appellant Result Rate: 7.64%
But 1077 Appellees outright prevailed
Positive Appellee Result Rate: 92.21%
PRACTICAL ADVICE, CONSIDERATIONS, & PRESERVATION
ACIS: NEW ONLINE PORTAL
Florida’s Appellate Case Information System: ACIS
Supreme Court & All DCAs on ACIS now
Still file through the ePortal
But access live dockets for all appellate courts in one place
APPELLATE MEDIATION
Most final civil appeals, including family & probate
If selected by the Sixth District, then:
Court will issue order requiring completion of Mediation Questionnaire & Confidential Statement
Reviewed by one of three rotating judges (who’s not on merits panel)
Parties first given chance to select mediator
On receipt of order, automatically extends all deadlines by 60 days (extendable)
See Administrative Order 23-07 for more
EXTENSIONS OF TIME
Stipulated notice procedure is the same as the Fifth District; it is less time than the other DCAs:
Up to 60 days for initial brief
Up to 60 days for answer brief
But only 30 days for reply brief
Other extensions must be by motion even if agreed.
Likely will only get 30 more days “extenuating circumstances”
Applies to most criminal and civil final and nonfinal appeals.
Some exceptions
Doesn’t apply to original proceedings.
See Administrative Order 23-03 for more
NEW BRIEFING REQUIREMENTS
Statement of Jurisdiction: Identify final or nonfinal jurisdictional basis for the appeal, including any procedural rules, statutory basis, and relevant jurisdictional facts
Standard of Review: Identifying standard of review for each appellate issue (also required by rule 9.210(b)(5)).
Statement of Preservation: For each appellate issue, must state where in the record the issue was raised and ruled on.
Noncompliance = order requesting compliance.
Administrative Order 24-01 (superseding 23-01)
ORAL ARGUMENT
Live OA held in Lakeland, Orlando, &
Administrative Order 23-02
Hybrid authorized, too
Specific OA continuance procedures (Administrative Order 23-06)
OA is happening with less and less
PRESERVATION, PRESERVATION, PRESERVATION
Mercer v. Saddle Creek Transp., Inc., 389 So. 3d 774 (Fla. 6th DCA 2024)- the Sixth District wrote that it declines to weigh in on this dispute because the parties have not argued the clear and convincing standard below or on appeal, and Rivera’s motion fails both tests.
State v.Washington, 50 Fla. L.Weekly D469 (Fla. 6th DCA February 21, 2025) alleged a violation of section 104.15, Florida Statutes, and did not amend the information to allege section 16.56(1)(c), Fla. Stat. (2023); the issue of applicability of section 16.56(1)(c) to the state’s jurisdiction is not preserved.
Court reporters and/or ECR are essential for appellate review.“When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence.Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.” Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979)
COURT JURISPRUDENCE
BACK TO “FIRST PRINCIPLES”
“[W]e begin by repeating a well-known rule—that an appellate court is not bound by any of the decisions issued by its sister appellate courts….
As a result, the Sixth District Court of Appeal is not bound by the precedent of any of its sister courts, including the Second and Fifth District. Instead, in the absence of a Florida Supreme Court decision on point, our consideration … is analyzed by returning to first principles.”
-CED Capital Holdings 2000 Eb v. CTCW-Berkshire Club,
363 So. 3d 192 (Fla. 6th DCA 2023).
TEXTUALISM & ORIGINALISM
Intent of the legislature and parties is less relevant to what is objectively said
Supremacy-of-text principle:“The words of a governing text are paramount concern, and what they convey, in their context, is what the text means.”
Two keys:
Dictionaries: Best evidence of undefined term’s ordinary meaning
Context: Both “the specific context in which the language is used, and the broader context of the statute as a whole.”
Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts (Thompson/West 2012).
NOTABLE SIXTH DCA CASES (A SECOND DCA
CASE AND RULE
CHANGES)
JULIA V. RAMOS-BAEZ, 395 SO. 3D 1121 (FLA.
6TH DCA 2024)
The failure to provide trial court transcript, or acceptable substitute precluded appellate review of attorney’s fees award.
It is not fundamental error to fail to include the Rowe findings in the order awarding attorney’s fees in a family law matter.
This decision conflicts with at least four sister districts (the 1st, 2d, 4th, and 5th)
Takeaway: always have a court reporter.
C.T. N/K/A
C.S.V. T.G., 397 SO. 3D 219 (FLA.
6TH DCA 2024)
Section 742.045, Fla. Stat. (2023) does not provide a basis for entitlement to attorney’s fees on appeal.
This decision conflicts with at least two sister districts (the 4th and 5th)
Takeaway: no reimbursement of attorney’s fees in paternity appeals.
MANNELLO V.
MANNELLO, 363 SO. 3D 236
(FLA. 6TH DCA 2023)
There is no “heavier burden” when requesting a modification of child support even when the initial child support award was by agreement.
The Sixth District does not apply the “heavier burden” standard; that standard was superseded by statute (see section 61.14(7), Fla. Stat. (1993)).
This decision conflicts with at least three sister districts (the 2d, 3d, and 4th)
Takeaway: the statutory language governs and the burden of a substantial change in circumstances is applicable regardless of how the initial award was established.
AMENDMENTS TO RULES 2.515 AND 2.516
Rule 2.515, is amended, in part, to add: (1) that documents filed or served must be signed by the attorney and unrepresented party, if applicable, (2) new signature block requirements, and (3) representations a filer makes by filing a document.
Rule 2.516 is amended, in part, to add that: (1) documents filed using the ePortal must be served using the ePortal’s e-service function, and (2) documents that are served but not filed are to be served by attaching the document in PDF format to an e-mail message sent to the recipient’s e-mail address.
These and the other rules addressed in the Florida Supreme Court’s opinion dated March 20, 2025 become effective on July 1, 2025.
