What Florida's New Sixth District Court Of Appeal Means For You

• Published date: 12 October 2022
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Law Firm: Wilson Elser Moskowitz Edelman & Dicker LLP
• Author: Sonia McDowell and Noelle K. Sheehan

For the first time since 1979, Florida has a new District Court of Appeal. On June 2, 2022, Governor DeSantis signed CS/HB 7027 creating Chapter 2022-163. The Chapter creates a new Court of Appeal and shifts territorial boundaries within some existing districts to carve out the newly created Sixth. The Sixth District Court of Appeal will be headquartered in Lakeland, Florida, and will comprise Orange, Osceola, Polk, Hardee, Highlands, Charlotte, Glades, Lee, Hendry and Collier counties.

The following judges from the Fifth and Second District Courts of Appeal will transition to the Sixth District Court of Appeal effective January 2, 2023: Jay P. Cohen, Meredith L. Sasso, Dan Traver, John K. Stargel, Mary Alice Nardella and Carrie Ann Wozniak. Governor DeSantis will appoint three additional judges to the Sixth District Court of Appeal and four new judges to the Fifth District Court of Appeal. Governor DeSantis has appointed the members of the Sixth District Court of Appeal Judicial Nominating Commission and requested that the Commission provide the names of qualified candidates to fill the three judgeships no later than October 21, 2022. Pursuant to Florida Law, the Governor will then have 60 days to make the appointments, just shy of the January 2, 2023, start date for the new court.

Workgroup on the Implementation of an Additional District Court of Appeal

Shortly after Governor DeSantis signed CS/HB 7027, then-Chief Justice Canady issued an administrative order creating the Workgroup on the Implementation of an Additional District Court of Appeal, chaired by future Sixth DCA Chief Judge Meredith Sasso. With only six months to make it happen, the Workgroup has a lot to get done in a short amount of time. The number of cases that will transfer to the Sixth District Court of Appeal has not yet been determined; however, future Chief Judge Sasso does not expect that the disposition of cases will be delayed. "We anticipate maintaining established briefing schedules and deciding cases in a timely fashion," she said.

Precedent and Other Questions to Be Resolved

The question on everyone's mind is what will constitute precedent in the newly created Sixth District Court of Appeal. Pursuant to Pardo v. State, 596 So. 2d 665 (Fla. 1992), "in the absence of interdistrict conflict, district court decisions bind all Florida trial courts." However, "as between District Courts of Appeal, a sister district's opinion is merely persuasive." Id. Citing State v. Hayes, 333 So....