Disability Law

First DCA Adopts New Procedures for WC Appeals

By David A. McCranie, Esq.

The First DCA is tightening up its procedures for filing briefs and the record on appeal in workers' compensation cases.  According to this notice from the court:

• Requests for extensions of time to file a brief must state specifically the circumstances justifying such an extension.  Motions requesting an extension of time solely on the basis of a "busy schedule" will not be received favorably.
• Motions for an extension of time must include the number of days requested and a date certain when the brief will be filed.
• Motions for an extension of time, as well as motions relating to the preparation of the record or requesting oral argument, must contain a certificate that opposing counsel has been consulted and whether an objection has been raised.
• If additional time is needed to ensure the filing of the record on appeal, a motion for an extension of time to file the record should be made by the appellant or the lower tribunal (or, if an extension is needed for preparation of the transcript, by the court reporter).
• Generally, the court will not grant a motion for extension of time which has been filed after the time has expired for serving the brief unless good cause is shown why the filing was untimely.
• Extensions for reply briefs will not be granted except upon showing of extreme emergency.

Full post as published by Florida Workers’ Compensation Law Blog on August 15, 2008 (boomark / email).