IN RE FLORIDA APPELLATE RULES
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The Florida Supreme Court's constitutional rule-making power does not extend to prescribing filing fees for clerks of court in appellate proceedings. Such fees must be set by law.
The Florida Supreme Court reviewed its own Appellate Rules 3.2(a) and 4.7, which purported to set filing fees for appellate proceedings. The Court rec…
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The power vested in this Court under Section 3 of Article V of the Florida Constitution, F.S.A., to adopt rules governing the practice and procedure in all courts of this State does not authorize this Court to prescribe filing fees to be charged by clerks of courts of record of this State in appellate proceedings. In consideration of this finding, therefore, such parts of Florida Appellate Rules 3.2, subd. >a and 4.7-, 31 F.S.A., which purport to prescribe the amount of such fees, are beyond the power of this Court to adopt. Therefore,
Rule 3.2, subd. a, Florida Appellate Rules, be and the same is hereby amended by striking all. of said rule and inserting in lieu thereof a new rule 3.2, subd. a to read as follows, viz.:
a. Method. An appeal shall be commenced by filing a notice of appeal and depositing the filing fee prescribed by law, which may be by check or money order payable to the clerk of the appellate court, with the clerk of the lower court. Within five days after the notice is so filed the clerk of the lower court shall transmit a certified copy thereof to the clerk of the appellate court together with such filing fee. Other proceedings shall be commenced by filing the initial pleading with the clerk of the Court and paying him the filing fee prescribed by law.”
' Rule 4.7, Florida Appellate Rules, be and the same is hereby amended by striking therefrom the last sentence thereof and inserting in lieu thereof the following sentence, viz.':
“Filing fee for such an appeal or review shall be in the amount prescribed by law.”
These rules shall be effective upon being filed in the office of the Clerk.
. THOMAS, O. J., and TERRELL, HOB-SON, ROBERTS, DREW, THORNAL and O’CONNELL; JJ., concur.
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Orlando Commc'ns Club, Inc. v. S. Bell Tel. & Tel. Co., 41 Fla. Supp. 28 (Duval Cty. Cir. Ct. 1974)…tariff structures. §364.01 (2), Florida Statutes; Cole v. Southern Bell Telephone and Telegraph Co., 221 So. 2d 200 (Fla. App. 3d 1969). Until plaintiff exhausts its administrative remedies, the courts will not act. Odham v. Foremost Dairies, Inc., 120 So. 2d 586, 593 (Fla. 1961); Pushkin v. Lombard, 279 So. 2d 79, 82 (Fla. App. 3d 1973). It is therefore ordered and adjudged that plaintiff’s complaint is dismissed, with prejudice, but with the right vested in plaintiff to pursue its administrative remedies…