Appeals

Clerk of the Circuit Court
Martin County, Florida - Appellate Division
Post Office Box 9016, Stuart, FL 34995-9016  

Appellate Clerk
(772) 288-5736
(772) 288-5548 (Fax)

Filing Fees

County to Circuit
$ 281.00 check payable to Martin County Clerk of Courts

Circuit to Fourth District Court of Appeals
$ 100.00 check payable to Martin County Clerk of Courts
$ 300.00 check payable to Fourth District Court of Appeals

Filing an Appeal

Please read these rules to ensure your appeal will proceed in a timely fashion and to avoid Orders to Show Cause why your appeal should not be dismissed.

The following rules of the 19th Judicial Circuit Court of Appeal should be followed by all Attorneys and parties filing appeals to the Circuit Court from County Court, both civil and criminal appeals, appeals from final administrative action when permitted by law, and Petitions for Writ of Ceriorari.

I. Notice of Appeal

1. An Original and One copy of the Notice of Appeal shall be filed, with payment of the appropriate filing fees.
2. If you are seeking indigency status, please comply with Florida Rule of Appellate Procedure 9.430.
3. The Notice of Appeal shall be served on all parties or their attorneys. See Florida Rule of Appellate Procedure 9.420(c).
4. The full name of the lower court Judge who entered the order or judgment being appealed and the date of rendition of the order must be indicated on the Notice of Appeal. See Florida Rule of Appellate Procedure 9.420(c).
5. The notice shall contain the names of all parties to the appeal and whether it is a final or non-final appeal.
6. Please provide to the Clerk three (3) stamped addressed envelopes for each party upon filing the Notice of Appeal.
7. For record preparation, please comply with Florida Rules of Appellate Procedure 9.200 and 9.100 as applicable. Please be sure to pay the Clerk for the cost of any record preparation, otherwise your appeal may be subject to dismissal.
8. Appellant shall file with the Notice of Appeal an original and one copy of a certified copy of the (1) Final Order/Judgment/or Order of Final Administrative Action being appealed AND (2) any subsequent order on a Motion for Retrial or Rehearing, or in the case of Final Administrative Action, an administrative order reviewing the action being appealed if applicable.
9. Please advise the Court in writing as soon as possible of any other cases pending before the Court involving related issues of which you have personal knowledge. Please provide an original and one (1) copy of the writing.
   

II. Petitions for Writ of Certiorari (not combined with Mandamus, Prohibition, Quo Warranto, Habeas Corpus, and All Writs necessary for the complete exercise of the Courts’ jurisdiction).

1. An original and three (3) copies of the Petition and three (3) copies of the Appendix shall be filed together with payment of the appropriate filing fee. See Florida Rule of Appellate Procedure 9.100(g) for the required contents of the Petition.
2. If you are seeking indigency status, please comply with Florida Rule of Appellate Procedure 9.430.
3. The Petition shall be served on all parties or their attorneys and shall contain a certificate of service.
4. Please provide to the Clerk three (3) stamped addressed envelopes for each party upon filing the Petition.
5. Petitioner shall file with the Petition and original and one copy of a certified copy of the (1)Final order/Judgment/or Order of Final Administrative Action being appealed AND (2) any subsequent order on a Motion for Retrial or Rehearing, or in the case of Final Administrative Action, an administrative order reviewing the action being appealed if applicable.
6. Please advise the Court in writing as soon as possible of any other cases pending before this Court involving related issues of which you have personal knowledge. Please provide an original and one (1) copy of this writing.

III. Motions

1. Please file an Original and one (1) copy of all motions. Copies of any record material necessary for resolution of the motion should be attached to the motion and the copy of the motion as an Appendix. See Florida Rule of Appellate Procedure 9.300(a) for required content of and procedure for motions.
2. Motions shall contain a certificate of service showing service on all parties or their attorneys. Motions must also contain express representations (except on motions where clearly inappropriate) that opposing counsel has been contracted and will or will not stipulate to the relief requested.
3. You are required to enclose addressed, stamped envelopes with all motions, including any Request for Oral Argument, one for the party filing the motion and one for each of the parties listed in the Certificate of Service.
4. Responses to motions shall be promptly filed. Compliance with Florida Rule of Appellate Procedure 9.300 regarding responses to motions shall be required. especially the deadlines for filing a response. Failure to file a response within the deadlines set out in the rule will result in the motion being decided without consideration of any response. However, responses to Motions to Dismiss, to Strike and for Rehearing are compulsory.
5. Request for Oral Argument should be filed as a separate document (original and 1 copy w/envelopes) in compliance with Florida Rule of Appellate Procedure 9.320. Oral Argument, if granted, will be limited to twenty (20) minutes per side. If there are multiple parties to a side, then the parties must determine among themselves how to split the twenty minutes per side among them.
6. In expedited cases, no extensions of time will be granted. In all other cases, attorneys and parties must establish a realistic target date for filing of a particular brief. A first request for an extension of time to file a brief will ordinarily be given favorable consideration if reasonable and not objected to by the opposing side. A second request for extension of time will almost certainly be disallowed except in the gravest of circumstances. Note that this Court interprets Florida Rule of Appellate Procedure 9.300(b) as including an automatic extension of time for filing a brief when an extension of time is given to a Court Reporter or the Clerk of the Lower Tribunal for preparation and filing of a transcript or record on appeal, as well as, in the tolling of time under those motions listed in the rule.
7. Excessive and unnecessary motion practive is discouraged and may result in the imposition of sanctions under Florida Rule of Appellate Procedure 9.410. See also Dubowitz v. Century Village East, Inc., 381 So.2d 252(Fla. 4thDCA 1979).
   

IV. Briefs

1. An original and three (3) copies of all briefs shall be filed with the Court. See Florida Rule of Appellate Procedure 9.210 for required contents of and procedure for briefs.
2. The briefs shall include a certificate of service showing service of the brief on the opposing parties or their attorneys.
3. Failure to cite to the record for facts stated in the brief, in compliance with rule 9.210, may result in the brief being stricken.
4. A party’s brief should contain all relevant authority published prior to submission of the brief. A Notice of Supplemental Authority should cite only to newly discovered cases (copy of the opinion should be attached to the Notice) with a clear designation of the point on appeal to which the authority is pertinent. Please submit an Original and three (3) copies of the Notice of Supplemental Authority and opinion(s). Argument is not permitted in the Notice of Supplemental Authority.
5. Physical evidence shall not be included in the record-on-appeal without prior permission of this court.
6. The original and three (3) copies of all briefs shall be securely stapled with one staple in the upper left-hand corner and without brief covers. No onion skin or similar quality copies will be accepted.

To ensure you receive copies of all motions, orders, and opinions, FILE A NOTICE OF CHANGE OF ADDRESS WHEN YOU MOVE.

Requests for the status of the matter pending before the Court should be directed to the Appeal Clerk, Kathy Peterson, at the Martin County Clerk’s Office at (772) 288-5736. Please be advised that the Appeal Clerk can only tell you what has or has not been filed into the Appeal case file. Clerks are not to be asked legal questions, as they are not trained or licensed to give legal advice.