“By backdating the electronic filing stamp, the clerk changes the rendition date, possibly to the prejudice of an appellant,” the Fourth DCA panel wrote.
DBR-
The Fourth District Court of Appeal released a two-page opinion to “disapprove of a practice in the Broward County Clerk’s office.”
The ruling came Wednesday after a pro se defendant, Kenneth Carl Guy, pointed out that the clerk filed documents showing a ruling against him five hours before the judge actually entered the order.
The issue affects the appellate window for parties to challenge a ruling because the clock starts running once the clerk’s office receives the file.
Broward litigants have complained to the Daily Business Review for more than three years alleging fraud in handling of docket entries in the office of Clerk of Court Brenda Forman, who was elected in November 2016 to succeed her husband Howard Forman.
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