IN RE INTERNAL GOVERNMENT OF THE DISTRICT COURT OF APPEAL
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The Third District Court of Appeal of Florida adopted a rule waiving filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1. This rule applies regardless of the appellant's financial status and aligns with fee waivers for habeas corpus proceedings.
Yes, the Clerk of the Court of Appeal shall file and docket each certified copy of a notice of appeal from an order entered on a motion for relief under Criminal Procedure Rule No. 1 without the payment of any fee or costs. Trial court clerks shall also not require payment of fees or costs for filing such notices of appeal.
“Pursuant to the rule-making power vested and inherent in this Court relating to the affairs of its internal government, as distinguished from rules adopted by the Supreme Court governing the practice and procedure in all courts, the following rule is hereby approved and adopted:”
Establishes the Court's authority to create the rule.
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Join FLexlaw to unlock all legal intelligenceThe Court, exercising its inherent rule-making power for internal government, addressed the procedure for filing notices of appeal from orders on moti…
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ORDER
Pursuant to the rule-making power vested and inherent in this Court relating to the affairs of its internal government, as distinguished from rules adopted by the Supreme Court governing the practice and procedure in all courts, the following rule is hereby approved and adopted:
The Clerk of this Court shall file and docket each certified copy of notice of appeal from an order entered on a motion for relief under the provisions of Criminal Procedure Rule No. 1, 31 F.S.A. without the payment of any fee or costs, in like manner and to the same extent as in habeas corpus proceedings or appeals therefrom, arising out of, or in connection with criminal causes or convictions as is now provided in Florida A-ppellate Rule 2.2b (6), 31 F.S.A.
No clerk of any trial court in this district, from which an appeal may be taken to this Court from an order entered on a motion for relief under Criminal Procedure Rule No. 1, 31 F.S.A. shall require the payment of any fee or any costs upon the filing of any such notice of appeal, irrespective of whether or not the appellant has been adjudged insolvent; but he shall file any such notice of appeal in the cause from which the appeal is taken and transmit a certified copy thereof to the Clerk of this Court with advice that, in accordance with this rule, no filing fee was deposited.
This rule shall become effective immediately upon the filing of this Order.
It is so ordered.
BARKDULL, C. J„ and CARROLL, HORTON, TILLMAN PEARSON, and HENDRY, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Rose v. City OF Fort Lauderdale, 163 So. 2d 889 (Fla. 2d DCA 1964)…d in Thompson v. City of Jacksonville, Fla. App.1961, 130 So. 2d 105, certiorari denied by the Florida Supreme Court, Fla.1962, 147 So. 2d 530. This court has followed this doctrine in the cases of Sheneman v. City of Fort Lauderdale, Fla.App.1963,. 156 So. 2d 415 and Ross v. Town of Lauderdale-By-The-Sea, Fla.App.1964, 163 So. 2d 770, opinion filed April 8, 1964. We, therefore feel that the judgment should be affirmed. Affirmed. SMITH, C. J., concurs. BARNS, PAUL D., Associate Judge,, dissents with opinio…
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Sheneman v. The City OF Fort Lauderdale, 172 So. 2d 459 (Fla. 1965)…for a writ of certiorari we are requested to review a decision of the Court of Appeal, Second District, because of an alleged conflict on the same point of law with the decision of another Court of Appeal. Sheneman et al. v. City of Fort Lauderdale, 156 So. 2d 415. The District Court here affirmed the trial judge on the authority of the opinion of the Court of Appeal, First District, in Middleton v. City of Fort Walton Beach, 113 So. 2d 431, and other cases. The petitioner alleges that this decision collides…