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ITEM 20G | WHAT HAPPENS NEXT IF THE FLORIDA SUPREME COURT ACCEPTS DISCRETIONARY JURISDICTION

If the Florida Supreme Court accepts discretionary review, the parties file briefs on the merits. The briefs will follow the same general format discussed above for the jurisdictional briefs (except that an appendix is unnecessary). Petitioner’s brief on the merits goes first, and is served within 20 days from the date of the supreme court’s order. Again, it includes all the same sections discussed above for the jurisdictional briefs (except the appendix), but the focus of the brief will be the petitioner’s arguments on the merits, i.e., why he or she believes the district court’s decision was incorrect, or why he or she is entitled to the requested relief. So, for example, the statement of case and facts sections would still include the course of proceedings below, but would focus on the facts important to the merits of the case, not just the supreme court’s jurisdiction. Likewise the summary of the argument and argument sections would address the merits of the case, rather than just the court’s jurisdiction.

After the petitioner’s brief on the merits is served, the respondent then has 20 days to serve his or her brief. The respondent’s brief will follow the same guidelines, and have the same sections as the petitioner’s brief on the merits. Of course, the big difference is that the respondent will most often be arguing why the petitioner is incorrect and will attempt to refute the petitioner’s arguments. So the respondent’s brief on the merits will also include argument with appropriate citations to case law, statutes, rules, and other authorities to show why the lower tribunal opinion is correct and should not be reversed. Then the petitioner may serve a reply brief within 20 days from the service of the respondent’s brief. A party who genuinely needs more time to file a brief, whether on jurisdiction or on the merits, should file a motion for an extension of time well before the deadline for filing the brief. Motions for extensions are further addressed in Chapter 4 of this Handbook, Motion Practice in the Appellate Courts.
Last Updated: // Disclaimer
(Florida Bar Appellate Practice Section © 2016)
Congratulations! You're now booked up on Item 20G from the Florida Bar's Pro Se Handbook!

You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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