IN RE INTERNAL GOVERNMENT OF THE DISTRICT COURT OF APPEAL
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This case concerns a rule adopted by the Florida District Court of Appeal, First District, to waive filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1. The court established this rule under its inherent power to govern its internal affairs, ensuring access to appeals regardless of the appellant's financial status.
Yes, the District Court of Appeal has the inherent power, relating to its internal government, to adopt such a rule waiving filing fees for these specific appeals.
“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 regarding filing fees.
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Join FLexlaw to unlock all legal intelligenceThe First District Court of Appeal adopted a rule to allow the Clerk of the Court to file and docket certified copies of notices of appeal from orders…
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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 Appellate Rule 2.2, subd. b(6), 31 F.S.A.
*897No 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, 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.
STURGIS, C. J., and WIGGINTON, CARROLL, DONALD K., and RAWLS, JJ., concur.