Did you receive an Order from a District Court of Appeal about paying filing fees or providing a certificate of indigency? Maybe a show cause order?

Not sure how to comply with your obligations under Rules of Criminal Procedure 3.111(e) and Appellate Procedure 9.140(d)?

Florida Rule of Criminal Procedure 3.111(e) provides that the attorney of record for a defendant in a criminal proceeding shall not be relieved of any duties, nor be permitted to withdraw as counsel of record, except with approval of the lower tribunal on good cause shown on written motion, until after:

(1) the filing of:

(A) a notice of appeal;

(B) a statement of judicial acts to be reviewed, if a transcript will require the expenditure of public funds;

(C) directions to the clerk, if necessary; and

(D) a designation of that portion of the reporter’s transcript that supports the statement of judicial acts to be reviewed, if a transcript will require expenditure of public funds;


(2) substitute counsel has been obtained or appointed, or a statement has been filed with the appellate court that the appellant has exercised the right to self-representation. In publicly funded cases, the public defender for the local circuit court shall be appointed initially until the record is transmitted to the appellate court;


(3) the time has expired for filing of a notice of appeal, and no notice has been filed. Orders allowing withdrawal of counsel are conditional, and counsel shall remain of record for the limited purpose of representing the defendant in the lower tribunal regarding any sentencing error that the lower tribunal is authorized to address during the pendency of the direct appeal under rule 3.800(b)(2).

Each of those four items above (the notice of appeal, statement of judicial acts to be reviewed, directions to the clerk, and designations to the court reporter(s)) link to Microsoft Word document examples that you're welcome to fill in and use.

If you have questions about these documents or about moving to withdraw and having the Public Defender appointed for appeal - including questions about determinations of indigency for appeal or indigent for costs for appeal and the Judicial Administrative Commission - you're welcome to ask.

On-Demand CLE on Postconviction Motions and Appeals

This program is devoted to the appeal of postconviction motions for ineffective assistance of counsel pursuant to Rule 3.850, and distinguishes appeals of postconviction motions from direct appeals, identifies appellate issues arising from the disposition of postconviction motions, examines the present state of Strickland and the Sixth Amendment’s obligations, and looks at the state of ineffectiveness as to pleas, including immigration issues. Florida Bar approved for 4.5 continuing legal education credits, including the following Certification Credits: 4.5 Appellate Practice, 4.5 Criminal Appellate, 4.5 Criminal Trial.