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Making Intermediate Appellate Courts Final - Assessing Jurisdictional Changes in Florida's Appellate Courts

NCJ Number
94111
Journal
Judicature Volume: 67 Issue: 10 Dated: (May 1984) Pages: 474-485
Author(s)
J M Scheb; J M Scheb
Date Published
1984
Length
12 pages
Annotation
This article examines the impact of Florida's jurisdictional changes, focusing on their effect on the State supreme court's caseload and on access of litigants to the high court.
Abstract
In March, 1980, Florida voters approved a constitutional amendment significantly limiting the appellate jurisdiction of the State supreme court and empowering the intermediate appellate courts to exercise final jurisdiction. The supreme court retained its writ jurisdiction, rulemaking authority, authority over attorneys, and its power to supervise the State judicial system. The 1980 jurisdictional changes have eliminated double appeals and thereby reduced supreme court caseloads. The supreme court now can devote more attention to deciding important cases on their merits. A corresponding increase in appeals decisions has taken place in the district courts. In their new role as final courts of appeal, the district courts are performing lawmaking as well as error -- correcting functions. In comparison with New Jersey and Illinois -- States with comparable populations and similar appellate courts -- Florida has much more restricted access. In 1981, the Florida Supreme Court reviewed more than twice the number of cases seeking discretionary review than it did in 1979, the year preceding the jurisdictional reforms. A figure, 2 tables, and 87 notes are provided.