Guest Attorney

from Res Gestae - August 2022

Ethically Speaking

How the new sixth DCA will affect Lee County

by joseph coleman, esq.

Lee County appellate cases will soon have a new home. On June 2, 2022, Florida Governor Ron Desantis signed a bill which created a new Sixth District Court of Appeal, effective January 1, 2023. As part of the new appellate landscape, the 20th Judicial Circuit becomes part of the newly created 6th DCA. The 6th DCA is comprised of the: • 20th circuit Charlotte, Collier, Glades, Hendry, and Lee Counties • 9th circuit Osceola and Orange Counties • 10th circuit Hardee, Highlands, and Polk Counties The 20th and the 10th Circuits are currently part of the 2nd DCA, but the 9th Circuit is currently part of the 5th DCA. So, if the 20th Judicial Circuit will soon be in the 6th DCA, which court’s previous rulings must the trial courts in the 20th Judicial Circuit follow - the old 2nd DCA decisions or the old 5th DCA decisions?

There is no easy answer, especially when the two conflict. There are nine judges who will sit on the newly created 6th DCA. Three of those judgeships are currently vacant, but of the 6 named judges currently appointed to the new 6th DCA, five of them are from the old 5th DCA, and only one of them is from the old 2nd DCA, Judge John Stargel. Importantly, the Florida Bar is currently accepting applications from attorneys to sit on the Judicial Nominating Commission for the newly created Sixth District Court of Appeal. The Florida Bar will choose a slate of attorneys from the applications, which the Florida Bar will ultimately submit to the governor for his consideration.

Until practitioners receive guidance from either the Florida Supreme Court, or ultimately the newly created 6th DCA, expect trial lawyers to make the following arguments: • the old 2nd DCA decisions should be followed • the old 5th DCA decisions should be followed • both should be followed • neither should be followed. Now, more than ever, it is important to choose an attorney who understands the law, the changing judicial landscape, and how to advocate effectively and persuasively.

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Joseph Coleman, Esq. is currently the Managing Shareholder of Coleman Litigation, a boutique law firm specializing in commercial litigation, including business torts and disputes, contract litigation, real estate litigation, appeals, and copyright and trademark registration and infringement cases.

Vicki Sproat John Agnew John Potanovic Suzanne Boy John Miller Kati Cook Although employment law is our primary focus, we also handle many other business and government-related matters.