EFFECTIVE DATE; SCOPE; APPLICABILITY OF FLORIDA RULES OF JUDICIAL ADMINISTRATION
FLORIDA RULES OF JUDICIAL ADMINISTRATION
The Florida Rules of Appellate Procedure (Fla R App P.) will take effect at 12:01 a.m on March 1, 1978, governing all proceedings initiated in the supreme court, district courts of appeal, and circuit courts thereafter Any appellate proceedings started before this date will continue under the Florida Appellate Rules of 1962 until their conclusion in the respective court.
The Florida Rules of Judicial Administration apply to all relevant proceedings unless specified otherwise These rules take precedence over any conflicting statutes and, according to Florida Rule of Judicial Administration 2.130, also override any contradictory procedural rules.
In 1977, the rules were renumbered to align with the Florida Supreme Court's numbering system for practice and procedure, ensuring clarity and avoiding confusion with the previously revised rules The abbreviated citation format for these rules is specified within this rule and in rule 9.800.
This rule sets an effective date and retains the substance of former rules 1.1, 1.2, and 1.4
A transition provision ensures that proceedings already in the appellate stage before the effective date will continue under the former rules until the appellate review is completed If a review is sought after March 1, 1978, for a determination made in a proceeding filed prior to that date, the higher court may permit the review to follow the old rules to prevent injustice Unnecessary language has been removed, and the wording has been simplified Additionally, rule 9.030(c) has been specifically referenced to clarify the jurisdictional aspects of the circuit courts governed by these rules.
1992 Amendment This rule was amended to eliminate the statement that the Florida
The Florida Rules of Appellate Procedure take precedence over conflicting rules; however, other Florida rules may apply to specific appellate proceedings and can sometimes conflict with these procedures Unless the Supreme Court explicitly mandates that only the Florida Rules of Appellate Procedure govern appellate matters, the committee believes that these rules should not automatically override others This principle is illustrated in the case of In the Interest of E.P v Department of Health and Rehabilitative Services, 544 So 2d 1000 (Fla 1989).
1996 Amendment Rule of Judicial Administration 2.135 now mandates that the Rules of
Appellate Procedure control in all appellate proceedings.
DEFINITIONS
The following terms have the meanings shown as used in these rules:
(a) Administrative Action Administrative action shall include:
(1) final agency action as defined in the Administrative Procedure Act, chapter 120, Florida Statutes;
(2) nonfinal action by an agency or administrative law judge reviewable under the Administrative Procedure Act;
(3) quasi-judicial decisions by any administrative body, agency, board or commission not subject to the Administrative Procedure Act; and
(4) administrative action for which judicial review is provided by general law
A clerk is an official designated for a court or lower tribunal, responsible for various administrative tasks If no specific individual is appointed, the role may be filled by the official or agent whose functions most closely align with those of a clerk.
The Supreme Court, district courts of appeal, and circuit courts operate under the jurisdiction outlined in rule 9.030(c) This includes the chief justice of the Supreme Court and the chief judge of a district court of appeal, who exercise constitutional, administrative, and supervisory powers on behalf of their respective courts.
(d) Family Law Matter A matter governed by the Florida Family Law
(e) Lower Tribunal The court, agency, officer, board, commission, judge of compensation claims, or body whose order is to be reviewed
(f) Order A decision, order, judgment, decree, or rule of a lower tribunal, excluding minutes and minute book entries
(1) Appellant A party who seeks to invoke the appeal jurisdiction of a court
(2) Appellee Every party in the proceeding in the lower tribunal other than an appellant
(3) Petitioner A party who seeks an order under rule 9.100 or rule
(4) Respondent Every other party in a proceeding brought by a petitioner
(h) Rendition (of an Order) An order is rendered when a signed, written order is filed with the clerk of the lower tribunal
(1) Motions Tolling Rendition The following motions, if authorized and timely filed, toll rendition unless another applicable rule of procedure specifically provides to the contrary:
(D) motion to alter or amend;
(E) motion for judgment in accordance with prior motion for directed verdict;
(F) motion for arrest of judgment;
(G) motion to challenge the verdict;
(H) motion to correct a sentence or order of probation pursuant to Florida Rule of Criminal Procedure 3.800(b)(1);
(I) motion to withdraw a plea after sentencing pursuant to Florida Rule of Criminal Procedure 3.170(l); or
(J) motion to vacate an order based upon the recommendations of a hearing officer in accordance with Florida Family Law Rule of Procedure 12.491
If a timely and authorized motion specified in subdivision (h)(1) of this rule is filed in the lower tribunal concerning a final order, specific effects on the tolling of rendition will apply.
The final order is not considered effective for any existing party until a signed, written order addressing the last of the motions is filed with the clerk.
(B) A signed, written order granting a new trial shall be deemed rendered when filed with the clerk, notwithstanding that other such motions may remain pending at the time
If a notice of appeal is submitted prior to the clerk receiving a signed written order that resolves all related motions, the appeal will be temporarily paused until the clerk receives the signed order that addresses the final motion.
An appellate order is not considered rendered for any party until all timely and authorized motions filed under rules 9.330 or 9.331 are either withdrawn or resolved through a written order.
(j) Conformed Copy A true and accurate copy
(k) Signed A signed document is one containing a signature as provided by Florida Rule of Judicial Administration 2.515(c)
The e-filing system docket allows attorneys and registered users to access and view electronic documents related to their cases.
The 1977 Amendment replaces the previous rule 1.3, maintaining that defined terms are used solely in their technical sense without altering substantive law Although there may be rare instances where the context necessitates a different interpretation of a defined term, such occurrences are expected to be infrequent.
The term "administrative action" has been newly defined to clarify its application in the judicial review of administrative agency actions, ensuring alignment with the Administrative Procedure Act, chapter 120, Florida Statutes.
(1975), but was intended to include all administrative agency action as defined in the
Administrative Procedure Act The reference to municipalities is not intended to conflict with article VIII, section 1(a), Florida Constitution, which makes counties the only political subdivisions of the state
The term "clerk" continues to embody its original definition, encompassing any individual responsible for maintaining records of proceedings in the lower tribunal, particularly in the absence of an officially designated person for that role.
The term "court" is defined similarly to previous rules but now acknowledges the authority of the chief justice of the supreme court and the chief judges of the district courts of appeal This definition does not aim to expand the administrative responsibilities of these judicial officers Instead, it designates the court relevant to proceedings governed by these rules In cases where the supreme court reviews a decision from a district court of appeal, the district court of appeal is referred to as the "lower tribunal."
The term “lower tribunal” includes courts and administrative agencies It replaces the terms “commission,” “board,” and “lower court” defined in the former rules
The term "order" encompasses all final and interlocutory rulings made by a lower tribunal, as well as rules established by an administrative agency However, minute book entries are specifically excluded from this definition, reflecting the decision in Employers’ Fire Ins Co v.
Continental Ins Co., 326 So 2d 177 (Fla 1976) It was intended that this rule encourage the entry of written orders in every case
In legal proceedings, the terms "appellant," "appellee," "petitioner," and "respondent" are defined based on the specific rules applicable to each case, rather than the legal nature of the proceeding The term "appellee" encompasses all parties against whom relief is sought, as well as any others essential to the case This definition takes precedence over existing statutes, including section 924.03 of Florida law.
In certiorari proceedings governed by rules that reference "appellant" and "appellee," the parties labeled as "petitioner" and "respondent" should act as if they hold the roles of "appellant" and "appellee." This principle applies to cases such as those involving the Public Service Commission in the supreme court, ensuring clarity and consistency in legal terminology.
Relations Commission are specifically governed by rule 9.110 even though that rule only refers to “appellant” and “appellee.” The parties in such a certiorari proceeding remain designated as
In certiorari proceedings, the party seeking the court's jurisdiction is referred to as the "petitioner," while the opposing party is known as the "respondent." This terminology is consistent with substantive law and aligns with Rule 9.200, which governs the record in these cases.
JURISDICTION OF COURTS
(a) Jurisdiction of the Supreme Court of Florida
(A) The supreme court shall review, by appeal:
(i) final orders of courts imposing sentences of death; 1
(ii) decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution 2
(B) If provided by general law, the supreme court shall review:
(i) by appeal final orders entered in proceedings for the validation of bonds or certificates of indebtedness; 3 and
(ii) action of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service 4
(2) Discretionary Jurisdiction The discretionary jurisdiction of the supreme court may be sought to review:
(A) decisions of district courts of appeal that: 5
(i) expressly declare valid a state statute;
(ii) expressly construe a provision of the state or federal constitution;
(iii) expressly affect a class of constitutional or state officers;
(iv) expressly and directly conflict with a decision of another district court of appeal or of the supreme court on the same question of law;
(v) pass upon a question certified to be of great public importance; or
(vi) are certified to be in direct conflict with decisions of other district courts of appeal;
(B) orders and judgments of trial courts certified by the district court of appeal in which the appeal is pending to require immediate resolution by the supreme court, and: 6
(i) to be of great public importance; or
(ii) to have a great effect on the proper administration of justice; or
The Supreme Court of the United States or a U.S court of appeals may certify legal questions that are critical to a case and lack binding precedent from the Supreme Court of Florida.
The Supreme Court has original jurisdiction to issue various writs, including prohibition to lower courts and necessary writs for its jurisdictional exercise It can also issue writs of mandamus and quo warranto to state officers and agencies Additionally, the Supreme Court or any justice may issue writs of habeas corpus, which can be returned before the Supreme Court, a district court of appeal, or any circuit judge.
(b) Jurisdiction of District Courts of Appeal
(1) Appeal Jurisdiction District courts of appeal shall review, by appeal:
Final orders from trial courts that cannot be directly reviewed by the Supreme Court or a circuit court include those from county courts that declare a state statute or provision of the state constitution invalid.
(B) nonfinal orders of circuit courts as prescribed by rule 9.130; 9 and
(C) administrative action if provided by general law 2
(2) Certiorari Jurisdiction 8 The certiorari jurisdiction of district courts of appeal may be sought to review:
(A) nonfinal orders of lower tribunals other than as prescribed by rule 9.130; or
(B) final orders of circuit courts acting in their review capacity
District courts of appeal possess original jurisdiction to issue various writs, including mandamus, prohibition, quo warranto, and common law certiorari, essential for fully exercising their judicial authority Additionally, any judge within these courts can issue habeas corpus writs that are returnable before the court, any judge, or a circuit judge within the court's territorial jurisdiction.
(4) Discretionary Review 10 District courts of appeal, in their discretion, may review by appeal:
(A) final orders of the county court, otherwise appealable to the circuit court under these rules, that the county court has certified to be of great public importance; or
(B) nonfinal orders, otherwise appealable to the circuit court under rule 9.140(c), that the county court has certified to be of great public importance
(1) Appeal Jurisdiction The circuit courts shall review, by appeal:
(A) final orders of lower tribunals as provided by general law; 1 2
(B) nonfinal orders of lower tribunals as provided by general law; and
(C) administrative action if provided by general law
(2) Certiorari Jurisdiction 8 The certiorari jurisdiction of circuit courts may be sought to review nonfinal orders of lower tribunals other than as prescribed by rule 9.130
Circuit courts possess original jurisdiction, enabling them to issue various writs, including mandamus, prohibition, quo warranto, common law certiorari, and habeas corpus These writs are essential for the full exercise of the courts' jurisdiction.
1 9.140: Appeal Proceedings in Criminal Cases
4 9.110: Appeal Proceedings: Final Orders; 9.100: Original Proceedings
5 9.120: Discretionary Review of District Court Decisions
6 9.125: Discretionary Review of Trial Court Orders and Judgments Certified by the District Court
7 9.150: Certified Questions from Federal Courts
9 9.130: Appeal Proceedings: Non-Final Orders
10 9.160: Discretionary Review of County Court Decisions
The 1977 Amendment replaces former rules 2.1(a)(5) and 2.2(a)(4), outlining the jurisdiction of the supreme court, district courts of appeal, and relevant circuit courts as per sections 3(b), 4(b), and 5(b) of article V of the Florida Constitution It clarifies the certiorari jurisdiction of the supreme court, known as "constitutional certiorari," and the "common law certiorari" jurisdiction of the district courts of appeal This rule is designed solely as a reference tool for practitioners and does not alter the substantive law governing court jurisdiction or serve as authority in jurisdictional disputes Footnote references direct users to the specific procedural rules applicable to the identified areas of jurisdiction.
The rule does not establish the foundation for the Supreme Court to issue advisory opinions to the governor, as the authority to provide advice lies with individual justices according to Article IV, Section 1(c) of the Florida Constitution, rather than the Supreme Court as an entity The procedures for the governor's requests for advice are outlined in Rule 9.500.
The advisory committee deemed it unwise to allow chief judges of judicial circuits to alter the applicability of these rules However, modifications can be made in specific cases through a joint motion agreed upon by the parties, provided that such changes do not impact jurisdiction.
The 1980 Amendment significantly revised subdivision (a) of this rule to align with constitutional changes in the supreme court’s jurisdiction, as approved by voters on March 11, 1980, in accordance with article V, § 3(b) of the Florida Constitution This revision was driven by an increasing caseload and the necessity for more efficient use of limited appellate resources As a result, the updated subdivision (a) restricts the supreme court’s appellate, discretionary, and original jurisdiction to cases that have a substantial impact on state law, designating the district courts of appeal as the final courts for the majority of litigants under the amended article V.
Subdivision (a)(1)(A)(i) retains the mandatory appellate jurisdiction of the supreme court to review final orders of trial courts imposing death sentences
Subdivision (a)(1)(A)(ii) has been revised to align with the amended Article V, Section 3(b)(1) of the Florida Constitution, removing the requirement for mandatory appellate review by the Supreme Court of final orders from trial courts and district courts of appeal regarding the validity of state or federal statutes, treaties, or constitutional provisions Now, the Supreme Court's review is restricted to district court decisions that declare a state statute or constitutional provision invalid, while jurisdiction over the final orders of trial courts in the previously specified cases is transferred to the appropriate district court of appeal.
The revised subdivision (a)(1)(B) outlines the two categories of cases eligible for Supreme Court review under general law, as stated in Article V, Section 3(b)(2) of the Florida Constitution (1980) Notably, the amended Article V and corresponding rule have removed the previously existing legislative power, which was never utilized, to mandate Supreme Court review of trial court orders that impose life imprisonment sentences.
Subdivision (a)(1)(B)(i), pertaining to bond validation proceedings, replaces former subdivision (a)(1)(B)(ii) Its phraseology remains unchanged Enabling legislation already exists for supreme court review of bond validation proceedings See § 75.08, Fla Stat (1979)
Subdivision (a)(1)(B)(ii) introduces a significant change, as outlined in article V, section 3(b)(2) of the Florida Constitution (1980) Previously, the Florida Supreme Court held certiorari jurisdiction to review orders from statewide commissions, including the Florida Public Service Commission, as per article V, section 3(b)(3) of the Florida Constitution (1968) and section 350.641 of the Florida Statutes (1979) This jurisdiction has now been abolished, and the amended article V restricts the Supreme Court's review to orders concerning rates or services of utilities that provide electric, gas, or telephone services To implement this change, enabling legislation will be necessary, while the review of other Public Service Commission orders will now fall under the jurisdiction of the appropriate district court of appeal, as indicated in article V, section 4(b)(2) of the Florida Constitution (1968).
Subdivision (a)(2) has been significantly revised to align with the amended Article V, Section 3(b)(3) of the Florida Constitution (1980), which limits the supreme court’s discretionary jurisdiction Previously, this jurisdiction was exercised through certiorari, which has now been abolished The revised rule replaces "certiorari jurisdiction" with "discretionary jurisdiction," which is now confined to six specific categories of district court decisions Additionally, the amended Article V removes the supreme court's authority to review any interlocutory orders that would be directly appealable upon final judgment, as well as its certiorari review of commissions established by general law with statewide jurisdiction.
Subdivision (a)(2)(A) specifies the 6 categories of district court decisions reviewable by the supreme court under its discretionary jurisdiction
Subdivisions (a)(2)(A)(i) and (a)(2)(A)(ii) are new and pertain to matters formerly reviewable under the court’s mandatory appellate jurisdiction Under former rule
9.030(a)(1)(A)(ii), the supreme court’s mandatory appellate jurisdiction could be invoked if a lower tribunal “inherently” declared a statute valid See Harrell’s Candy Kitchen, Inc v
The 1980 amendments to Article V mandate that a district court must "expressly declare" a state statute valid in order for the Supreme Court to exercise its discretionary jurisdiction, as established in Sarasota-Manatee Airport Authority, 111 So 2d 439 (Fla 1959).
Subdivision (a)(2)(A)(iii) regarding the Supreme Court's review of district court decisions affecting a class of constitutional or state officers has been renumbered This revision aligns with the language of the previous constitution and rule, now incorporating the term "expressly" as introduced in the amended Article V.
GENERAL PROVISIONS
(a) Complete Determination In all proceedings a court shall have such jurisdiction as may be necessary for a complete determination of the cause
(1) If a proceeding is commenced in an inappropriate court, that court shall transfer the cause to an appropriate court
(2) After a lower tribunal renders an order transferring venue, the appropriate court to review otherwise reviewable nonfinal orders is as follows:
After a venue transfer order is issued, the appropriate court for reviewing any nonfinal venue orders, as well as other related nonfinal orders made before or at the same time as the venue order, is the court that would have jurisdiction had the venue not been changed This includes reviewing orders that stay, vacate, or modify the venue transfer, as well as orders dismissing a case due to nonpayment of venue transfer fees.
After a venue transfer order is issued, the appropriate court to review any subsequent nonfinal order, excluding those specified in subdivision (b)(2)(A), is the court that would have reviewed the order had the case been filed in the lower tribunal to which the venue was moved.
The clerk of the lower tribunal must follow the required procedures for venue transfer, including accepting and filing a notice of appeal To facilitate nonfinal review, the clerk will retain necessary portions of the record after a venue transfer order is issued If the case file is transferred to the new tribunal before the notice of appeal is filed, the clerk of the transferee tribunal is responsible for copying and sending the relevant record portions back to the transferring tribunal for the nonfinal order review.
If a party requests an improper remedy, the case will be considered as if the appropriate remedy had been requested; however, it is not the court's responsibility to identify the correct remedy.
The court may allow amendments to any part of the proceedings to ensure a fair resolution based on the merits If no amendments are made, the court has the discretion to overlook procedural errors or defects that do not significantly impact the substantial rights of the involved parties.
(e) Assignments of Error Assignments of error are neither required nor permitted
(f) Filing Fees Filing fees may be paid by check or money order
Clerks are responsible for promptly transmitting the fee and a certified copy of the filed notice, which includes the filing date, to the court upon receipt of the notice as prescribed by the rules This process is essential when jurisdiction is invoked under the relevant rule.
In accordance with rule 9.030(a)(2)(A)(v) or (a)(2)(A)(vi), or if a certificate is issued by a district court of appeal under rule 9.030(a)(2)(B), the district court of appeal clerk is required to send copies of the certificate, decision, or order, along with any suggestions, replies, or appendices, along with the certified notice Additionally, notices for reviewing final orders from county and circuit courts in civil cases must be documented.
Non-jurisdictional matters arise when a clerk or party fails to timely file necessary fees, additional copies of notices or petitions, or conformed copies of designated orders in an appeal Although such failures do not affect jurisdiction, they may still be subject to appropriate sanctions.
(i) Request to Determine Confidentiality of Appellate Court Records
Requests to determine the confidentiality of appellate records are governed by Florida Rule of Judicial Administration 2.420
1977 Amendment This rule sets forth several miscellaneous matters of general applicability
Subdivision (a) originates from the concluding sentence of the previous rule 2.1(a)(5)(a), which addressed direct appeals to the Supreme Court This provision ensures that once a court's jurisdiction is properly established, it can adjudicate the entire case as allowed by substantive law Importantly, this rule neither expands nor restricts the constitutional or statutory jurisdiction of any court.
Subdivisions (b) and (c) of the Florida Constitution's article V, section 2(a), clarify that courts should not automatically dismiss cases due to parties seeking improper remedies or filing in the wrong jurisdiction Instead, the court is required to treat the case as if the correct remedy had been requested, transferring it to the appropriate court This ensures that all filings retain their legal validity as if they were initially submitted in the receiving court This rule aims to supersede the precedent set by Nellen v State and Engel v City of North Miami, which addressed issues of jurisdiction and remedy in legal proceedings.
In the case of Fla 1959, the court dismissed a petition for a writ of certiorari on the grounds that the appropriate course of action should have been an appeal According to established rules, a timely petition for a writ of certiorari can be regarded as a notice of appeal.
Subdivision (d) aligns with the harmless error statute, section 59.041 of the Florida Statutes (1975), emphasizing that deficiencies in an appeal notice do not warrant dismissal unless there is clear evidence of misleading or prejudice to the opposing party Amendments to pleadings in the lower tribunal should be permitted generously under this rule, provided they do not cause irremediable prejudice.
Subdivision (e) clarifies that assignments of error have been eliminated by these rules, ensuring that the scope of review remains limited to judicial acts only.
When filing less than the entire record as specified in rule 9.200(a)(1), rule 9.200(a)(2) mandates the service of a statement detailing the judicial acts being reviewed This requirement is also applicable under rule 9.140(d) It is important to note that, as clarified in the accompanying commentary, this statement does not carry the same legal implications as an assignment of error under previous rules.
Subdivision (f) permits payment of filing fees by check or money order and carries forward the substance of former rule 3.2(a), which allowed payments in cash
Subdivision (g) is based on former rules 3.2(a) and 3.2(e), which stipulate that notices and fees must be filed in the lower tribunal unless stated otherwise The clerk is required to transmit these documents immediately, replacing the previous five-day requirement due to the advisory committee's belief that delays are unnecessary The term “forthwith” does not prevent the clerk from delaying the transmittal of a notice of criminal appeal without a fee, pending an order on solvency and public defender appointment for insolvent defendants Additionally, this provision mandates the recording of the notice when seeking review of a final trial court order in civil cases When invoking supreme court jurisdiction based on a question of great public interest, the clerk of the district court of appeal must send a copy of the certificate and decision along with the notice and fees.
MAINTAINING PRIVACY OF PERSONAL DATA
All court documents, including briefs, petitions, replies, appendices, motions, notices, stipulations, and responses, must adhere to the standards set forth in Florida Rule of Judicial Administration 2.425, unless a different rule or court permission states otherwise.
(b) Limitation This rule does not require redaction of personal data from the record
(c) Motions Not Restricted This rule does not restrict a party’s right to move to file documents under seal.
ORIGINAL PROCEEDINGS
This rule is applicable to proceedings that seek the jurisdiction of specific courts as outlined in rules 9.030(a)(3), (b)(2), (b)(3), (c)(2), and (c)(3) It covers the issuance of various writs, including mandamus, prohibition, quo warranto, certiorari, and habeas corpus, as well as any writs essential for the full exercise of the courts' jurisdiction Additionally, it pertains to the review of nonfinal administrative actions.
To initiate a case in the court's original jurisdiction, a petition must be filed with the appropriate court clerk, along with any required filing fees The involved parties in this legal proceeding will be defined accordingly.
In cases where a petition requests a review of an order issued by a lower tribunal, it is essential to include all parties involved in the lower tribunal proceedings who are not designated as petitioners, naming them as respondents.
(2) If the original jurisdiction of the court is invoked to enforce a private right, the proceedings shall not be brought on the relation of the state
Officials who issued the order related to a petition cannot be named as respondents; however, a copy of the petition must be served to the official responsible for the order in question.
(A) judges of lower tribunals shall not be named as respondents to petitions for certiorari;
(B) individual members of agencies, boards, and commissions of local governments shall not be named as respondents to petitions for review of quasi-judicial action; and
(C) officers presiding over administrative proceedings, such as hearing officers and administrative law judges, shall not be named as respondents to petitions for review of nonfinal agency action
(c) Petitions for Certiorari; Review of Nonfinal Agency Action; Review of Prisoner Disciplinary Action The following shall be filed within 30 days of rendition of the order to be reviewed:
A petition for the review of quasi-judicial actions taken by local government agencies, boards, and commissions is available when such actions are not directly appealable under general law However, these actions may still be subject to review through certiorari.
(3) a petition to review nonfinal agency action under the Administrative Procedure Act; or
(4) a petition challenging an order of the Department of Corrections entered in prisoner disciplinary proceedings
(d) Orders Excluding or Granting Access to Press or Public
A petition to review an order regarding access for the press or public to judicial proceedings or records must be filed in court promptly after the order is issued, either in writing or announced orally, but no later than 30 days post-issuance A copy of this petition must be provided to the issuer of the order, the involved parties, and any affected non-parties as defined by Florida Rule of Judicial Administration 2.420.
The court will promptly review the petition to assess the appropriateness of a stay of proceedings in the lower tribunal or the order under review The court may issue a stay, either on its own initiative or at the request of a party, under suitable conditions Any motion to stay an order allowing access to any part of a proceeding or judicial records must include a signed certification from the movant, affirming that the motion is made in good faith and is based on solid factual and legal grounds Until the court decides on the motion to stay, the clerk and the lower tribunal will treat the relevant proceedings or judicial records as confidential.
(3) Review of orders under this subdivision shall be expedited
Petitions for writs of mandamus and prohibition directed at a judge or lower tribunal must adhere to specific procedures These legal actions are designed to compel a judge or tribunal to perform a duty or to prevent them from acting outside their jurisdiction Understanding the correct process is essential for the effective filing of such petitions.
In legal documents, the caption should exclude the name of the judge or lower tribunal It must include the name of the petitioner, while any other parties involved in the lower tribunal proceedings who are not petitioners should be designated as respondents.
In a petition for mandamus or prohibition, it is essential to formally include the judge or lower tribunal as a party within the petition's body, although they should not be mentioned in the caption Furthermore, the petition must be served to all involved parties, ensuring that any judge or lower tribunal named as a formal party also receives the necessary documentation.
In response to an order issued under subdivision (h), the litigant opposing the petition is responsible for providing a response Unless explicitly directed by the court, the judge or lower tribunal is not required to file a response However, they do have the discretion to submit a separate response if they choose Importantly, if the judge or lower tribunal does not file a separate response, it does not imply that they admit to the allegations made in the petition.
(f) Review Proceedings in Circuit Court
The additional requirements outlined here apply specifically to proceedings that fall under the jurisdiction of the circuit court, as described in rules 9.030(c)(2) and (c)(3), particularly when the petition pertains to the review of judicial or quasi-judicial actions.
(2) Caption The caption shall contain a statement that the petition is filed pursuant to this subdivision
The Circuit Court Clerk is responsible for promptly forwarding any filed petition to the administrative judge of the appellate division or designated appellate judges, as outlined by administrative order, to decide if an order to show cause should be issued.
(4) Default The clerk of the circuit court shall not enter a default in a proceeding where a petition has been filed pursuant to this subdivision
The petition must include the court's name along with the names and designations of all parties involved It should be limited to a maximum of 50 pages in length.
(1) the basis for invoking the jurisdiction of the court;
(2) the facts on which the petitioner relies;
(3) the nature of the relief sought; and
(4) argument in support of the petition and appropriate citations of authority
When filing a petition aimed at a lower tribunal, it is essential to include an appendix in accordance with rule 9.220 Additionally, the petition must reference the relevant pages of the supporting appendix to ensure clarity and compliance.
APPEAL PROCEEDINGS TO REVIEW FINAL ORDERS OF LOWER TRIBUNALS AND ORDERS GRANTING NEW TRIAL IN JURY AND NONJURY CASES
OF LOWER TRIBUNALS AND ORDERS GRANTING NEW TRIAL IN JURY AND NONJURY CASES
(a) Applicability This rule applies to those proceedings that:
(1) invoke the appeal jurisdiction of the courts described in rules 9.030(a)(1), (b)(1)(A), and (c)(1)(A);
(2) seek review of administrative action described in rules 9.030(b)(1)(C) and (c)(1)(C); and
(3) seek review of orders granting a new trial in jury and nonjury civil and criminal cases described in rules 9.130(a)(4) and 9.140(c)(1)(C)
To invoke the court's jurisdiction under this rule, a notice must be filed with the clerk of the lower tribunal within 30 days of the order's rendition, along with any required filing fees, unless otherwise specified in rule 9.140(c)(3).
In an appeal to review final orders from lower administrative tribunals, the appellant must submit a notice to the clerk of the lower tribunal within 30 days of the order's issuance Additionally, a copy of this notice, along with any required filing fees, must be filed with the clerk of the court.
The notice of appeal must adhere to the format outlined in rule 9.900(a), including the lower tribunal's name, the designation of at least one party from each side, and the case number It should specify the court to which the appeal is directed, the date of the order's rendition, and the nature of the order being appealed In non-criminal cases, a conformed copy of the relevant order(s) must accompany the notice, along with any order related to a timely motion that postpones the order's rendition.
(e) Record Within 50 days of filing the notice, the clerk shall prepare the record prescribed by rule 9.200 and serve copies of the index on all parties Within
110 days of filing the notice, the clerk shall electronically transmit the record to the court
(f) Briefs The appellant’s initial brief shall be served within 70 days of filing the notice Additional briefs shall be served as prescribed by rule 9.210
An appellee can initiate a cross-appeal by serving a notice within 15 days of the appellant's timely filed notice of appeal or within the designated timeframe for filing an appeal, whichever is later This notice of cross-appeal must be accompanied by the required filing fees and should be filed either before or immediately after serving the notice, following the same procedures as the original notice of appeal.
The court has the authority to review any ruling or matter that took place prior to the filing of the notice, except as specified in subdivision (k) Additionally, a single notice can encompass multiple final orders, provided that the notice is timely filed for each order.
In bond validation proceedings, the record will only be transmitted if ordered by the supreme court The appellant must serve their initial brief, along with the required appendix as outlined in rule 9.220, within 20 days of filing the notice Subsequent briefs should be served in accordance with rule 9.210.
In cases involving appeals from district courts of appeal, the clerk is required to electronically transmit the case record to the court within 60 days of the notice filing The appellant must serve their initial brief within 20 days following the notice, with subsequent briefs served according to the guidelines outlined in rule 9.210.
Partial final judgments can be reviewed either through an appeal of the judgment itself or as part of an appeal of the final judgment in the overall case Such judgments address distinct causes of action that are not dependent on other claims, except when they resolve the entire case for a party Appeals for judgments that fully conclude a case must be filed within 30 days of the judgment's issuance The review process may encompass any relevant rulings or matters that occurred prior to the notice of appeal, provided they are directly related to the partial final judgment being contested.
Premature appeals, as outlined in rule 9.020(h), may be dismissed if a notice of appeal is filed before a final order is rendered Nevertheless, the lower tribunal maintains jurisdiction to issue a final order, and if such an order is made prior to the dismissal of the premature appeal, the notice will be deemed effective for the court to review the final order The court may also, at its discretion, allow additional time for the parties to secure a final order from the lower tribunal before considering dismissal.
Insurance coverage appeals involve judgments that assess whether insurance coverage exists when a claim has been made against an insured party, and the insurer disputes that coverage Such cases can be reviewed according to the methods outlined in this rule or in rule 9.130.
The 1977 Amendment replaces former rules 3.1, 3.5, 4.1, 4.3, 4.4, and 4.7, and is applicable in three specific scenarios: when a court or administrative agency issues a final order, when a motion for a new trial in a jury case is granted, or when a motion for rehearing in a non-jury case is granted, accompanied by a lower tribunal's order for new testimony Additionally, it's important to note that certain non-final orders issued after a final order can be reviewed under rule 9.130, but this rule does not pertain to review proceedings in those cases.
This rule, with the exception of conflicts with rule 9.140 concerning criminal appeals, outlines the governance of several types of appeals: (1) appeals as of right to the Supreme Court; (2) certiorari proceedings for direct review of administrative actions by the Supreme Court, such as those from the Industrial Relations Commission and Public Service Commission; (3) appeals as of right to a District Court of Appeal, including petitions for review of administrative actions under the Administrative Procedure Act, section 120.68, Florida Statutes; and (4) appeals as of right to a Circuit Court, which includes the review of administrative actions as permitted by law.
This rule clarifies the procedure for reviewing orders that grant a new trial According to Rules 9.130(a)(4) and 9.140(c)(1)(C), appeals can be made for orders that approve a motion for a new trial, superseding the precedent set by Clement v Aztec Sales, Inc., 297 So 2d 1 (Fla 1974), while remaining consistent with its decision Additionally, subdivision (h) of this rule indicates that the court's review is not strictly confined to the order that grants a new trial, as affirmed by the supreme court.
“appeals taken from new trial orders shall be treated as appeals from final judgments to the extent possible.” Bowen v Willard, 340 So 2d 110, 112 (Fla 1976) This rule implements that decision
To initiate an appeal, the appellant must file two copies of the notice of appeal and the required fees with the clerk of the lower tribunal within 30 days of the final order If appealing an administrative action, only one copy and the fees should be submitted to the court Failing to file within this 30-day window results in an irremediable jurisdictional defect, although the second copy and fees can still be submitted afterward, subject to court-imposed sanctions For reference, see Williams v State, 324 So 2d 74 (Fla 1975); Fla R App P 9.040(h).
Subdivision (d) outlines the necessary components of the notice, removing the previous requirement to indicate the location of the order's recordation It mandates substantial compliance with the form sanctioned by the Supreme Court, ensuring that the date of the order's rendition is clearly stated on the notice For further details, refer to the definition of "rendition" in Florida Rule of Appellate Procedure 9.020 and the judicial interpretation of "rendition" as established in Florida Admin Comm’n v Judges of the.
District Court, 351 So 2d 712 (Fla 1977), on review of Riley-Field Co v Askew, 336 So 2d
DISCRETIONARY PROCEEDINGS TO REVIEW DECISIONS OF DISTRICT COURTS OF APPEAL
DECISIONS OF DISTRICT COURTS OF APPEAL
(a) Applicability This rule applies to those proceedings that invoke the discretionary jurisdiction of the supreme court described in rule 9.030(a)(2)(A)
To invoke the jurisdiction of the supreme court as outlined in rule 9.030(a)(2)(A), a notice must be filed with the clerk of the district court of appeal within 30 days of the order's rendition, along with any required filing fees.
(c) Notice The notice shall be substantially in the form prescribed by rule
The caption must include the name of the lower tribunal, the designation of at least one party from each side, and the case number from the lower tribunal Additionally, the notice should specify the date when the order was rendered and the grounds for invoking the court's jurisdiction.
The petitioner must submit a brief focused exclusively on the supreme court's jurisdiction, along with an appendix that includes a conformed copy of the district court of appeal's decision, within 10 days of filing the notice The respondent is required to serve their jurisdiction brief within 30 days following the service of the petitioner's brief.
According to rule 9.210, the formal requirements for both briefs are outlined, and no reply brief is allowed Additionally, if jurisdiction is established under rule 9.030(a)(2)(A)(v), which pertains to certifications of significant public importance from district courts of appeal to the supreme court, no briefs regarding jurisdiction should be submitted.
The supreme court may either accept or postpone its decision on jurisdiction, issuing an order to inform the parties involved and the district court of appeal clerk Following this, the clerk is required to electronically transmit the record within 60 days or within a timeframe specified by the court, providing separate Portable Document Format (PDF) files.
(1) the contents of the record as described in rule 9.200(a) and (c);
(2) the transcript as described in rule 9.200(b); and
(3) the documents filed in the district court in the record on appeal format described in rule 9.200(d)(1)
Within 20 days of the order's acceptance or postponement regarding jurisdiction, the petitioner must serve the initial merits brief, with subsequent briefs to be provided as outlined in rule 9.210.
The 1977 Amendment replaces the previous rule 4.5(c) and now regulates certiorari proceedings for reviewing final decisions made by district courts Additionally, certiorari proceedings for reviewing interlocutory orders from district courts, when supreme court jurisdiction is applicable under Article V, Section 3(b)(3) of the Florida Constitution, are governed by rule 9.100.
Subdivision (b) outlines the initiation process for certiorari proceedings in the Supreme Court, replacing petitions for the writ with a straightforward notice followed by briefs To commence, two copies of the notice, adhering closely to the form approved by the Supreme Court, must be filed with the district court clerk within 30 days of the decision, along with the required fees Notably, failing to file the fees on time does not affect jurisdiction.
Subdivision (c) outlines the essential components of the notice, emphasizing the importance of including the date of rendition as defined in rule 9.020 to help the court clerk assess timeliness Additionally, the notice must succinctly indicate the basis for jurisdiction, specifying whether the order under review (1) conflicts with other Florida appellate decisions, (2) impacts a class of constitutional or state officers, or (3) raises a question of significant public interest certified by the district court.
Subdivision (d) outlines the timeline and content requirements for filing jurisdictional briefs In cases where the Supreme Court's jurisdiction stems from a certified question of significant public interest, jurisdictional briefs are not allowed Instead, merits briefs must be prepared similarly to other cases and should be served within the specified timeframe after the court has either accepted jurisdiction or decided to delay its ruling on jurisdiction.
A jurisdictional brief must succinctly outline the grounds for invoking jurisdiction and relevant facts without delving into the substantive issues of the case While it is essential to avoid discussing unrelated matters, the petitioner may briefly state why the Supreme Court should consider the case on its merits if it determines it has certiorari jurisdiction Additionally, an appendix must accompany the brief, containing a conformed copy of the district court's decision If the district court's decision lacks clarity or is issued without opinion, a conformed copy of the trial court's order should also be included in the appendix.
Within 60 days of the order accepting or postponing jurisdiction, the district court clerk must send the record to the court The petitioner is required to serve the initial brief on the merits within 20 days of this order, with subsequent briefs to be served as per rule 9.210 All briefs must be filed in compliance with rule 9.420.
The automatic stay previously established by rule 4.5(c)(6) has been abolished due to its misuse in filing frivolous petitions A stay pending review can now be obtained under rule 9.310, which remains effective unless vacated by the district court or the mandate is issued The advisory committee recommends that district courts grant such stays only when absolutely necessary, considering factors such as the likelihood of the supreme court accepting jurisdiction, the chances of success on the merits, potential harm if the stay is not granted, and the ability to remedy any harm.
The 1980 Amendment updated the rule to align with the revisions made to Article V, Section 3 of the Florida Constitution, which introduced new certification categories by district courts to the Supreme Court, as outlined in Rule 9.030(a)(2)(A).
District court decisions that validate state statutes, interpret constitutional provisions, impact constitutional or state officers, conflict with other district court or supreme court rulings, address questions of significant public importance, or are certified as conflicting with other district court decisions are reviewed according to specific procedures Notably, jurisdictional briefs are not allowed when the jurisdiction relies on the certification of a question of great public importance or a direct conflict with another district court's decision.
The mandatory appendix must contain a copy of the district court decision sought to be reviewed and should be prepared in accordance with rule 9.220
Supreme court review of trial court orders and judgments certified by the district court under rule 9.030(a)(2)(B) is governed by the procedures set forth in rule 9.125
REVIEW OF TRIAL COURT ORDERS AND JUDGMENTS CERTIFIED BY THE DISTRICT COURTS OF APPEAL AS REQUIRING IMMEDIATE RESOLUTION BY THE SUPREME COURT OF FLORIDA
JUDGMENTS CERTIFIED BY THE DISTRICT COURTS
OF APPEAL AS REQUIRING IMMEDIATE RESOLUTION BY THE SUPREME COURT OF FLORIDA
This rule pertains to trial court orders or judgments that the district court of appeal certifies for immediate resolution by the supreme court due to their significant public importance or impact on the administration of justice statewide Certification can be initiated by the district court of appeal independently or upon a party's suggestion.
(b) Commencement The jurisdiction of the supreme court is invoked on rendition of the certificate by the district court of appeal
Any party can submit a suggestion to the district court of appeal, requesting that the order under review be certified to the supreme court This suggestion must be served to the involved parties and should adhere to the prescribed format outlined in the rule It must be filed within 10 days of the notice of appeal being submitted.
(d) Response Any party may file a response within 10 days of the service of the suggestion
(e) Form The suggestion shall be limited to 5 pages and shall contain all of the following elements:
(1) a statement of why the appeal requires immediate resolution by the supreme court;
(2) a statement of why the appeal:
(A) is of great public importance; or
(B) will have a great effect on the proper administration of justice throughout the state
(3) a certificate signed by the attorney stating:
This appeal necessitates prompt attention from the Supreme Court due to its significant public importance and its potential impact on the administration of justice across the state.
(4) an appendix containing a conformed copy of the order to be reviewed
The district court of appeal is not obligated to respond to a suggestion, and the submission of a suggestion or the issuance of a certificate by the court does not change the relevant time limits or filing locations Additionally, once an order is issued to grant or deny certification, rehearing is not allowed.
(g) Procedure When the Supreme Court of Florida Accepts
The jurisdiction of the supreme court is established upon the issuance of an order accepting jurisdiction Once jurisdiction is accepted, the supreme court will notify the involved parties, the clerk of the district court of appeal, and the clerk of the lower tribunal The clerk holding the case record must electronically transmit it to the supreme court within 10 days Subsequently, the supreme court will create a briefing schedule, and all documents previously filed in the district court must now be submitted to the supreme court.
If the supreme court denies jurisdiction, it shall so order and advise the parties and the clerk of the district court of appeal
The 1980 Amendment introduces a new rule that oversees discretionary proceedings for reviewing trial court orders or judgments certified by the district court under rule 9.030(a)(2)(B) This certification is necessary for cases requiring immediate resolution by the supreme court, particularly those of significant public importance or those impacting the administration of justice statewide Both final and non-final orders fall under this rule, while discretionary reviews of other district court decisions, where supreme court jurisdiction applies under rule 9.030(a)(2)(A), are regulated by rule 9.120.
Subdivision (b) makes clear that certification by the district court is self-executing
Subdivision (c) outlines the process for a party to propose that the district court certify an order for review by the supreme court, requiring this suggestion to be submitted within 10 days of the notice of appeal Such suggestions are expected to be uncommon and should only be filed when all conditions specified in subdivision (e) of the rule are met, considering the unique circumstances of the case.
Subdivision (d) provides that any other party may file a response to a suggestion within 5 days of the service of the suggestion
Subdivision (e) outlines the required format for suggestions, which must be no longer than 5 pages Each suggestion must include a statement justifying the need for immediate resolution by the supreme court and explain its significance regarding public importance or its impact on the administration of justice in the state Additionally, the suggestion must be accompanied by an appendix with a copy of the order under review and include a certificate signed by the attorney as specified in the rule.
To prevent delays in legal proceedings, subdivisions (f) and (g) state that filing a suggestion does not change the established time limits or filing locations The district court is not obligated to respond to a suggestion, and parties must adhere to the time constraints outlined in the rule that initiated the district court's jurisdiction, as specified in rules 9.100, 9.110, 9.130, and 9.140.
PROCEEDINGS TO REVIEW NONFINAL ORDERS AND SPECIFIED FINAL ORDERS
AND SPECIFIED FINAL ORDERS (a) Applicability
This rule governs appeals to district courts of appeal concerning nonfinal orders, as well as appeals to the circuit court for nonfinal orders permitted by general law For reviewing other nonfinal orders in these courts and nonfinal administrative actions, the procedures outlined in rule 9.100 must be followed.
(2) Appeals of nonfinal orders in criminal cases shall be as prescribed by rule 9.140
(3) Appeals to the district courts of appeal of nonfinal orders are limited to those that:
(B) grant, continue, modify, deny, or dissolve injunctions, or refuse to modify or dissolve injunctions;
(i) the jurisdiction of the person;
The right to immediate possession of property encompasses various legal orders, including those that grant, modify, dissolve, or deny requests for writs of replevin, garnishment, or attachment.
In family law, individuals have the right to seek immediate monetary relief, address child custody and time-sharing obligations as outlined in a parenting plan, and contest the validity of a marital agreement in its entirety.
(iv) the entitlement of a party to arbitration, or to an appraisal under an insurance policy;
(v) that, as a matter of law, a party is not entitled to workers’ compensation immunity;
(vi) whether to certify a class;
(vii) that, as a matter of law, a party is not entitled to absolute or qualified immunity in a civil rights claim arising under federal law;
(viii) that a governmental entity has taken action that has inordinately burdened real property within the meaning of section 70.001(6)(a), Florida Statutes;
(ix) the issue of forum non conveniens;
(x) that, as a matter of law, a party is not entitled to immunity under section 768.28(9), Florida Statutes;
(xi) that, as a matter of law, a party is not entitled to sovereign immunity; or
(xii) that, as a matter of law, a settlement agreement is unenforceable, is set aside, or never existed
(D) grant or deny the appointment of a receiver, or terminate or refuse to terminate a receivership; or
(e) grant or deny a motion to disqualify counsel
Orders that suspend rendition cannot be reviewed independently from the final order However, orders that grant motions for a new trial, whether in jury or nonjury cases, can be reviewed using the process outlined in rule 9.110.
Orders submitted through an authorized and timely motion for relief from judgment can be reviewed according to the prescribed method It is important to note that motions for rehearing related to these orders do not extend the deadline for filing a notice of appeal.
(b) Commencement Jurisdiction of the court under subdivisions (a)(3)–
To invoke rule (a)(5), a notice must be filed with the clerk of the lower tribunal within 30 days of the order's issuance, along with the required filing fees as prescribed by law.
The notice of appeal for a nonfinal order must follow the format outlined in rule 9.900(c) In non-criminal cases, it is required to attach a conformed copy of the specified order or orders to the notice.
(d) Record A record shall not be transmitted to the court unless ordered
(e) Briefs The appellant’s initial brief, accompanied by an appendix as prescribed by rule 9.220, shall be served within 15 days of filing the notice
Additional briefs shall be served as prescribed by rule 9.210
In the absence of a stay of proceedings, the lower tribunal is permitted to continue with all matters, including trials or final hearings, while a review of a nonfinal order is ongoing However, the tribunal cannot issue a final order that resolves the case without prior permission from the court.
An appellee has the right to cross-appeal any orders specified by the appellant to review certain rulings, provided they serve a notice within 15 days of the appellant's timely filed notice of appeal or within the designated timeframe for filing an appeal This notice of cross-appeal must be accompanied by the appropriate filing fees and should be submitted either before or immediately after serving the notice of appeal, following the same procedures.
(h) Review on Full Appeal This rule shall not preclude initial review of a nonfinal order on appeal from the final order in the cause
(i) Scope of Review Multiple nonfinal orders that are listed in rule
9.130(a)(3) may be reviewed by a single notice if the notice is timely filed as to each such order
The 1977 Amendment introduces significant changes by replacing the previous rule 4.2, impacting the review process for all non-final orders, with the exception of criminal cases and those specifically outlined by rules 9.100 and 9.110.
The advisory committee acknowledges the availability of the common law writ of certiorari but does not intend to abolish it This writ requires petitioners to demonstrate a significant legal departure leading to irreparable harm, making it rarely applicable for correcting erroneous interlocutory rulings With the new rule allowing appeals for urgent interlocutory orders, instances where common law certiorari can provide relief are expected to be minimal, as highlighted in Taylor v Board of Pub Instruction, 131 So 2d 504 (Fla 1st DCA 1961).
Subdivision (a)(3) outlines specific circumstances under which interlocutory appeals can be pursued, emphasizing that such appeals are not mandatory The rule abolishes the right to interlocutory appeals for orders previously recognized in equity, allowing review only when expedient It specifies allowable interlocutory appeals from civil actions, mirroring former rule 4.2, with Item (A) addressing venue and Item (C)(i) focusing on personal jurisdiction, as the writ of prohibition suffices for subject matter jurisdiction To minimize unnecessary procedures, the advisory committee supports granting stays in lower courts for appeals involving venue or personal jurisdiction Notably, Item (C)(ii) excludes rulings on evidence suppression in criminal cases but applies to both real and personal property, including condemnation cases Item (C)(iii) covers temporary matters like child custody and support, while Item (C)(iv) permits appeals on interlocutory orders that establish liability for claimants.
Subdivision (a)(4) allows for a right of review when a lower tribunal grants a motion for a new trial, applicable to both jury and non-jury cases, following the procedures outlined in rule 9.110 Notably, a rehearing in a non-jury case under Florida Rule of Civil Procedure 1.530 cannot be subject to interlocutory appeal unless the trial judge permits evidence to be taken Additionally, non-final orders that delay the final decision are not eligible for independent review, while other non-final orders issued after a final order, such as those vacating defaults, are subject to review under this rule.
Subdivision (a)(5) provides the right to review orders related to motions that seek relief from a prior court order based on reasons such as mistake, fraud, satisfaction of judgment, or other grounds specified in Florida Rule of Civil Procedure 1.540.
Subdivision (a)(6) stipulates that interlocutory review must occur in the court that holds jurisdiction to review the final order at the time the interlocutory appeal is filed.
APPEAL PROCEEDINGS IN CRIMINAL CASES
(a) Applicability Appeal proceedings in criminal cases shall be as in civil cases except as modified by this rule
(1) Appeals Permitted A defendant may appeal:
(B) a final order withholding adjudication after a finding of guilt;
(C) an order granting probation or community control, or both, whether or not guilt has been adjudicated;
Orders issued post-final judgment or guilt determination, such as those revoking or modifying probation or community control, as well as orders that deny relief under specific Florida Rules of Criminal Procedure (3.800(a), 3.801, 3.802, 3.850, 3.851, or 3.853), are included in this context.
(E) an unlawful or illegal sentence;
(F) a sentence, if the appeal is required or permitted by general law; or
(G) as otherwise provided by general law
(2) Guilty or Nolo Contendere Pleas
(A) Pleas A defendant may not appeal from a guilty or nolo contendere plea except as follows:
A defendant who enters a guilty or nolo contendere plea can explicitly reserve the right to appeal a previous dispositive order from the lower court, clearly specifying the legal issue being contested.
Defendants who plead guilty or nolo contendere have limited grounds for direct appeal, which include: the lower tribunal's lack of subject matter jurisdiction, violations of the plea agreement (if a motion to withdraw the plea has been preserved), involuntary pleas (also requiring a preserved motion to withdraw), sentencing errors (if preserved), and any other grounds permitted by law.
In appeals concerning a guilty or nolo contendere plea, the record is restricted to essential documents, including all indictments, informations, and affidavits related to probation violations It also encompasses transcripts from the plea and sentencing hearings, written plea agreements, judgments, sentences, scoresheets, and any motions or orders pertaining to sentence modifications or probation Additionally, it includes motions to withdraw pleas and the corresponding orders, along with the notice of appeal, a statement of judicial acts for review, directions to the clerk, and designations for the approved court reporter or transcriptionist.
(ii) Upon good cause shown, the court, or the lower tribunal before the record is electronically transmitted, may expand the record
The defendant is required to file the notice specified by rule 9.110(d) with the clerk of the lower tribunal within 30 days after the issuance of a final judgment or a written order imposing sentence Additionally, copies of this notice must be served to both the state attorney and the attorney general.
A defendant has the right to cross-appeal by submitting a notice within 15 days of receiving the state's notice or an order on a motion under Florida Rule of Criminal Procedure 3.800(b)(2) It's important to note that the review of cross-appeals prior to trial is restricted to issues that are directly related to the same order being contested.
(1) Appeals Permitted The state may appeal an order:
Dismissing an indictment, information, or any associated count, as well as an affidavit alleging a criminal offense, probation violation, community control breach, or supervised correctional release violation, is a critical aspect of the legal process.
(B) suppressing before trial confessions, admissions, or evidence obtained by search and seizure;
(E) granting a motion for judgment of acquittal after a jury verdict;
(F) discharging a defendant under Florida Rule of Criminal Procedure 3.191;
(G) discharging a prisoner on habeas corpus;
(H) finding a defendant incompetent or insane;
(I) finding a defendant intellectually disabled under Florida Rule of Criminal Procedure 3.203;
(J) granting relief under Florida Rules of Criminal Procedure 3.801, 3.850, 3.851, or 3.853;
(K) ruling on a question of law if a convicted defendant appeals the judgment of conviction;
(L) withholding adjudication of guilt in violation of general law;
(M) imposing an unlawful or illegal sentence or imposing a sentence outside the range permitted by the sentencing guidelines;
(N) imposing a sentence outside the range recommended by the sentencing guidelines;
(O) denying restitution; or (P) as otherwise provided by general law for final orders
(2) Nonfinal Orders The state as provided by general law may appeal to the circuit court nonfinal orders rendered in the county court
The state must submit the notice required by rule 9.110(d) to the clerk of the lower tribunal within 15 days following the issuance of the order being appealed This requirement applies specifically to appeals initiated by the state under the relevant rule.
According to Florida Rule 9.140(c)(1)(K), the state must file its notice of cross-appeal within 15 days after the defendant's notice or an order on a motion is served, as per Florida Rule of Criminal Procedure 3.800(b)(2) Copies of this notice must be served to both the defendant and their attorney of record It is important to note that an appeal initiated by the state will only stay further proceedings in the lower tribunal if an order is issued by that tribunal.
(d) Withdrawal of Defense Counsel after Judgment and Sentence or after Appeal by State
The attorney of record for a defendant cannot withdraw from their professional duties or cease to be defense counsel without the lower tribunal's approval, which requires a written motion demonstrating good cause This obligation remains until the deadline for filing an authorized notice of appeal has passed without any such notice being filed by either the defendant or the state, or until certain specified conditions have been fulfilled.
(A) a notice of appeal or cross-appeal has been filed on behalf of the defendant or the state;
(B) a statement of judicial acts to be reviewed has been filed if a transcript will require the expenditure of public funds;
(C) the defendant’s directions to the clerk have been filed, if necessary;
Counsel for the appellant has filed and served designations to the approved court reporter or transcriptionist for transcripts of the necessary portions of the proceedings that support the appeal issues If public funds are needed for the defendant, the designations will also cover the essential parts of the proceedings required for reviewing judicial acts.
In publicly funded defense and state appeals, once a lower tribunal appoints the public defender, the district office of criminal conflict and civil regional counsel, or private counsel, that attorney will represent the appeal until the record is electronically sent to the court Counsel must file a copy of the appointment order with the court In cases without public funding, retained appellate counsel must submit a notice of appearance, or the defense counsel of record must file a motion to withdraw, indicating the defendant's expected legal representation on appeal All court documents must also be served on the attorney general or state attorney for circuit court appeals.
Orders permitting the withdrawal of counsel are conditional, requiring that the attorney remains on record solely to represent the defendant in the lower tribunal concerning any sentencing errors that the tribunal is permitted to address while the direct appeal is ongoing, in accordance with Florida Rule of Criminal Procedure 3.800(b)(2).
(e) Sentencing Errors A sentencing error may not be raised on appeal unless the alleged error has first been brought to the attention of the lower tribunal:
(1) at the time of sentencing; or
(2) by motion pursuant to Florida Rule of Criminal Procedure 3.800(b)
The clerk of the lower tribunal is responsible for preparing and serving the record as outlined in rule 9.200 within 50 days of the notice of appeal being filed However, the record cannot be served until all designated transcripts have been completed and filed If the transcripts are not filed by the service deadline, the clerk must notify the court and all parties about the incomplete record, specifying which transcripts are pending Once the transcripts are received after this notice, the clerk has 20 days to prepare and file the record Additionally, if an extension is granted to the court reporter for transcription, the timeline for serving the notice or record is paused.
When a defendant's request for a transcript involves public funding, their trial counsel, along with appellate counsel if available, must submit a statement of judicial acts to be reviewed and a designation to the approved court reporter or transcriptionist within 10 days of filing the notice This request should focus on preparing only the portions of the proceedings that adequately support the raised issue.
(B) Either party may file motions in the lower tribunal to reduce or expand the transcripts
PROCEDURES FOR REVIEW IN DEATH PENALTY CASES
CASES (a) Procedure in Death Penalty Appeals
When a notice of appeal is submitted to the Supreme Court, the Chief Justice assigns the relevant Chief Judge of the Circuit Court to oversee the timely preparation of the complete record for filing This record must include transcripts of all proceedings held in the lower tribunal, as mandated by the rules.
In a death penalty appeal, the complete record must include all items specified by rule 9.200 and any orders from the supreme court For appeals following the initial direct appeal, the electronically transmitted record should start with the latest mandate from the supreme court or the most recent filing not previously transmitted if the prior appeal was resolved without a mandate Additionally, any materials already sent to the supreme court in earlier appeals should be excluded The clerk of the lower tribunal is responsible for retaining a copy of the complete record when submitting it to the supreme court.
The Supreme Court will recognize the appellate records from all previous appeals and writ proceedings that challenge the same death sentence judgment These records, which are acknowledged under this provision, will not be included again in the record sent for the current appeal under consideration.
After the record is filed, the clerk will establish a briefing schedule, giving the defendant 60 days to file their brief, the state 50 days after receiving the defendant's brief, and the defendant 40 days after receiving the state's brief In appeals related to applications for relief under Florida Rules of Criminal Procedure 3.851 or 3.853, as well as resentencing matters, the timelines outlined in rule 9.140(g) will apply.
(3) Sanctions If any brief is delinquent, an order to show cause may be issued under Florida Rule of Criminal Procedure 3.840, and sanctions may be imposed
(4) Oral Argument Oral argument will be scheduled after the filing of the defendant’s reply brief
In death penalty cases, the court is mandated to review issues of evidence insufficiency and proportionality on direct appeal, regardless of whether these issues are raised, and may remand the case for appropriate relief if necessary.
(1) Treatment as Original Proceedings Review proceedings under this subdivision shall be treated as original proceedings under rule 9.100, except as modified by this rule
(2) Contents Any petition filed pursuant to this subdivision shall be in the form prescribed by rule 9.100, may include supporting documents, and shall recite in the statement of facts:
(A) the date and nature of the lower tribunal’s order sought to be reviewed;
(B) the name of the lower tribunal rendering the order;
(C) the nature, disposition, and dates of all previous court proceedings;
(D) if a previous petition was filed, the reason the claim in the present petition was not raised previously; and
(E) the nature of the relief sought
A petition for belated appeal must provide a comprehensive account of the specific actions taken by the petitioner or their counsel that justify the request for a delayed appeal This includes detailing any requests made by the petitioner for counsel to initiate the appeal, the dates of such requests, instances where counsel may have misinformed the petitioner regarding appellate options or the notice of appeal process, and any external factors unrelated to counsel’s performance that hindered the petitioner’s ability to file a timely appeal It's essential to include the names of individuals involved and the relevant dates of these occurrences.
A petition for a belated appeal must be filed within one year after the deadline for submitting a notice of appeal from a final order that denies relief under rule 3.851 To be considered, the petition must include an oath and a specific factual basis detailing the reasons for the delay.
The petitioner was either unaware that an appeal had not been filed on time, did not receive proper advice regarding their right to appeal, was given incorrect information about the appeal process, or faced obstacles beyond their control that hindered the timely filing of a notice of appeal.
(ii) could not have ascertained such facts by the exercise of due diligence
In no case shall a petition for belated appeal be filed more than 2 years after the expiration of time for filing the notice of appeal
(4) Petitions Alleging Ineffective Assistance of Appellate Counsel
(A) Contents A petition alleging ineffective assistance of appellate counsel shall include detailed allegations of the specific acts that constitute the alleged ineffective assistance of counsel on direct appeal
A petition claiming ineffective assistance of appellate counsel must be submitted concurrently with the initial brief during the appeal process from the lower tribunal's ruling on the defendant's relief application, as outlined in Florida Rule of Criminal Procedure 3.851.
(c) Petitions Seeking Review of Nonfinal Orders in Death Penalty Postconviction Proceedings
This rule is relevant to cases seeking the Supreme Court's jurisdiction to review nonfinal orders in postconviction proceedings that occur after the imposition of the death penalty.
(2) Treatment as Original Proceedings Review proceedings under this subdivision shall be treated as original proceedings under rule 9.100 unless modified by this subdivision
To invoke the jurisdiction of the Supreme Court, a petition must be filed with the clerk within 30 days of the issuance of the nonfinal order being challenged The petitioner is also required to serve a copy of the petition to the opposing party and provide it to the judge responsible for the order under review.
(B) Either party to the death penalty postconviction proceedings may seek review under this rule
(4) Contents The petition shall be in the form prescribed by rule
(A) the basis for invoking the jurisdiction of the court;
(B) the date and nature of the order sought to be reviewed; (C) the name of the lower tribunal rendering the order;
The article requires the inclusion of the name, disposition, and dates of all prior trial, appellate, and postconviction proceedings associated with the conviction and death sentence under review.
(E) the facts on which the petitioner relies, with references to the appropriate pages of the supporting appendix;
The petition argues that the order deviates from fundamental legal standards, potentially leading to significant harm that cannot be adequately addressed through an appeal It emphasizes the necessity of citing relevant legal authorities to support these claims.
(G) the nature of the relief sought
(5) Appendix The petition shall be accompanied by an appendix, as prescribed by rule 9.220, which shall contain the portions of the record necessary for a determination of the issues presented
An Order to Show Cause may be issued by the court if the petition presents a preliminary basis for relief or indicates a significant departure from essential legal requirements that could result in material injury without an adequate remedy through appeal This order compels the respondent to explain, within a specified timeframe, why the requested relief should not be granted.
(7) Response No response shall be permitted unless ordered by the court
(8) Reply Within 30 days after service of the response or such other time set by the court, the petitioner may serve a reply, which shall not exceed
15 pages in length, and supplemental appendix
(A) A stay of proceedings under this rule is not automatic; the party seeking a stay must petition the supreme court for a stay of proceedings
While a review of a nonfinal order is ongoing, the lower tribunal can continue to handle all matters, provided that the supreme court has not issued a stay However, the lower tribunal is prohibited from issuing a final order that resolves the case during this review period.
(10) Other Pleadings The parties shall not file any other pleadings, motions, replies, or miscellaneous documents without leave of court
(11) Time Limitations Seeking review under this rule shall not extend the time limitations in rules 3.851 or 3.852
(d) Review of Dismissal of Postconviction Proceedings and Discharge of Counsel in Florida Rule of Criminal Procedure 3.851(i) Cases
(1) Applicability This rule applies when the circuit court enters an order dismissing postconviction proceedings and discharging counsel under
Florida Rule of Criminal Procedure 3.851(i)
(2) Procedure Following Rendition of Order of Dismissal and Discharge
APPEAL PROCEEDINGS IN JUVENILE DELINQUENCY CASES
(a) Applicability Appeal proceedings in juvenile delinquency cases shall be as in rule 9.140 except as modified by this rule
(b) Appeals by Child To the extent adversely affected, a child or any parent, legal guardian, or custodian of a child may appeal:
(1) an order of adjudication of delinquency or withholding adjudication of delinquency, or any disposition order entered thereon;
(2) orders entered after adjudication or withholding of adjudication of delinquency, including orders revoking or modifying the community control;
(4) any other final order as provided by law
(1) Appeals Permitted The state may appeal an order:
(A) dismissing a petition for delinquency or any part of it, if the order is entered before the commencement of an adjudicatory hearing;
(B) suppressing confessions, admissions, or evidence obtained by search or seizure before the adjudicatory hearing;
(E) discharging a child under Florida Rule of Juvenile Procedure 8.090;
(F) ruling on a question of law if a child appeals an order of disposition;
(H) discharging a child on habeas corpus; or
(I) finding a child incompetent pursuant to the Florida Rules of Juvenile Procedure
In cases of nonfinal state appeals, the state is required to file a notice of appeal within 15 days following the issuance of the trial court's pre-adjudicatory hearing order This filing must occur before the adjudicatory hearing begins.
A child in detention with a stayed case pending state appeal must be released if charged with an offense that would be bailable for an adult, unless the lower tribunal specifies otherwise for good cause Additionally, the lower tribunal has the discretion to release any child not entitled to release under this rule.
(B) If a child has been found incompetent to proceed, any order staying the proceedings on a state appeal shall have no effect on any order entered for the purpose of treatment
In legal appeals involving a child, the case must be titled and recorded using the child's initials and the corresponding court case number Throughout all briefs, documents, and court decisions, the child should be referred to solely by these initials to maintain confidentiality.
Confidentiality is paramount, as all documents filed in paper format under seal will be securely maintained in the clerk of court's office when not in use Access to these sealed documents is restricted to the involved parties and their legal counsel, unless otherwise directed by the court.
In 1996, the adoption of subdivision (c)(2) clarified that in non-final state appeals, a notice of appeal must be filed before the adjudicatory hearing begins Additionally, this notice must be submitted within 15 days of the order's rendition, as outlined in rule 9.140(c)(3) Together, these rules ensure that if an adjudicatory hearing is scheduled within 15 days of the order, the notice of appeal must be filed prior to the hearing's commencement Importantly, this rule does not extend the 15-day filing period established by existing regulations.
Subdivision (d) mandates that all parties use initials when referring to the child in any briefs and documents submitted to the court during the appeal process However, it does not necessitate the removal of the child's name from pleadings or other documents sent to the court from the lower tribunal.
APPEAL PROCEEDINGS IN JUVENILE DEPENDENCY AND TERMINATION OF PARENTAL RIGHTS CASES AND CASES INVOLVING FAMILIES AND CHILDREN IN NEED OF SERVICES
AND TERMINATION OF PARENTAL RIGHTS CASES AND CASES INVOLVING FAMILIES AND CHILDREN
In juvenile dependency and termination of parental rights cases, as well as in matters concerning families and children in need of services, appeal proceedings will follow civil case procedures, unless specifically modified by this rule.
Any child, parent, guardian ad litem, or other party impacted by a lower tribunal's order, along with the relevant state agency as stipulated by law, has the right to appeal to the appropriate court This appeal must be made within the designated timeframe and according to the specified procedures outlined in these rules.
To seek a stay on a final or nonfinal order pending review, a party must file a motion in the lower tribunal, which retains the authority to grant, modify, or deny the request This decision will be made at the tribunal's discretion, with careful consideration of the child's welfare and best interests, as outlined in general law and subdivision (c)(2) of this rule.
The appeal process for the termination of parental rights does not automatically halt proceedings unless specified by a court order However, if a child is placed with a licensed child-placing agency or the Department of Children and Families for adoption, the termination order will be suspended during the appeal, while the child remains in custody until the appeal is resolved.
(3) Review Review of orders entered by lower tribunals under this rule shall be by the court on motion
The transmittal of the record to the court does not diminish the lower tribunal's jurisdiction to carry out judicial reviews or other proceedings concerning the child's health and welfare while an appeal is ongoing.
In appeals involving a parent or child as a party, all court documents must be titled using the initials of the involved parties, along with the court case number, rather than their full names Additionally, any references to the child or parent in briefs, other documents, and court decisions should also utilize initials to maintain confidentiality.
Confidentiality is crucial for documents filed under seal, as they will remain sealed in the clerk's office when not in use Access to these documents is restricted to the involved parties and their legal counsel, unless the court issues a different order.
(g) Special Procedures and Time Limitations Applicable to Appeals of Final Orders in Dependency or Termination of Parental Rights
(1) Applicability This subdivision applies only to appeals of final orders to the district courts of appeal
(A) Contents The record shall be prepared in accordance with rule 9.200, except as modified by this subdivision
In the appeal process, the appellant must submit a designation to the court reporter alongside the notice of appeal, indicating the names of the court reporters involved This designation should be served on the court reporter at the time of filing and must specify that the appeal concerns a final order regarding the termination of parental rights or dependency The court reporter is required to provide the requested transcripts within 20 days of receiving the designation Additionally, the transcripts must be filed with the clerk of the lower tribunal along with enough copies for all parties, as outlined in the Florida Rules of Judicial Administration If the court reporter faces extraordinary circumstances that hinder timely transcript preparation, they must request an extension, detailing the number of additional days needed and the reasons justifying the delay.
Appellants must submit directions to the clerk along with their notice of appeal The clerk is required to electronically transmit the record to the court within five days after the court reporter files the transcripts, or if no designation has been filed, within five days of the notice of appeal Upon transmitting the record to the court, the clerk must also send it electronically to the relevant parties.
The Department of Children and Families and the guardian ad litem are responsible for representing indigent parties, while also serving copies of the index to all nonindigent parties Upon request, these nonindigent parties can receive copies of the record or specific portions Additionally, the clerk will provide the record in paper format to parties exempt from electronic service, in accordance with the Florida Rules of Judicial Administration.
(A) In General Briefs shall be prepared and filed in accordance with rule 9.210(a)–(e), (g), and (h)
In appellate proceedings, the timeline for serving briefs is crucial The initial brief must be served within 30 days following the service of the record or index on appeal The answer brief is to be served within 30 days of the initial brief's service, while any reply brief should be served within 15 days after the answer brief If multiple initial or answer briefs are permitted in an appeal or cross-appeal, the responsive brief must be served within 30 days of the last initial brief or within 15 days of the last answer brief served If the last authorized initial or answer brief is not served, the responsive brief should still be served within 30 days after the last authorized initial brief or within 15 days after the last authorized answer brief's due date.
(A) Motions for Appointment of Appellate Counsel;
To authorize payment for transcription costs, a motion for appellate counsel must be filed alongside the notice of appeal, as permitted by general law This motion, along with a copy of the notice of appeal, should be served to the presiding judge in the lower tribunal, who is required to issue a prompt order regarding the motion.
When appellate counsel seeks to withdraw from representing an indigent parent, they must serve a motion to withdraw to the parent, including a certification confirming that, after a thorough review of the case, the attorney believes there are no valid grounds for appeal The parent is allowed to file a pro se brief or engage new counsel within 20 days following the order permitting withdrawal Additionally, within 5 days of this order, the appellate counsel must notify the court that they have sent the case record and transcripts to the parent, or explain if they were unable to do so despite diligent efforts to locate them.
Motions for Extensions of Time are granted only in extraordinary circumstances that are essential to protect a party's constitutional rights or to ensure the child's best interests are not compromised The extension is strictly limited to the necessary days required for these protections The motion must indicate that the appeal is regarding a final order of parental rights termination or dependency, detailing the extraordinary circumstances justifying the extension, the requested duration, and how the extension will impact the case's progress.
(5) Oral Argument A request for oral argument shall be in a separate document served by a party not later than the time when the first brief of that party is due
(6) Rehearing; Rehearing En Banc; Clarification;
Motions for rehearing, rehearing en banc, clarification, certification, and issuance of a written opinion must adhere to rules 9.330 and 9.331, with the exception that responses to these motions are not allowed unless specifically requested by the court.
(7) The Mandate The clerk shall issue such mandate or process as may be directed by the court as soon as practicable
(h) Expedited Review The court shall give priority to appeals under this rule
(i) Ineffective Assistance of Counsel for Parents’ Claims—Special Procedures and Time Limitations Applicable to Appeals of Orders in
Termination of Parental Rights Proceedings Involving Ineffective Assistance of Counsel Claims
(1) Applicability Subdivision (i) applies only to appeals to the district courts of appeal of orders in termination of parental rights proceedings involving a parent’s claims of ineffective assistance of counsel
APPEAL PROCEEDINGS TO REVIEW FINAL ORDERS DISMISSING PETITIONS FOR JUDICIAL WAIVER OF PARENTAL NOTICE OF TERMINATION OF PREGNANCY
DISMISSING PETITIONS FOR JUDICIAL WAIVER OF PARENTAL NOTICE OF TERMINATION OF
Appeal proceedings for reviewing final orders that dismiss petitions for judicial waivers of parental notice regarding pregnancy termination will follow the procedures established for civil cases, unless specified otherwise by this rule.
(b) Fees No filing fee shall be required for any part of an appeal of the dismissal of a petition for a judicial waiver of parental notice of the termination of a pregnancy
When an unmarried minor or a representative files an appeal against an order dismissing a petition for a judicial waiver of parental notice regarding pregnancy termination, the clerk of the lower tribunal is required to prepare and electronically transmit the case record within two days of the appeal notice being filed, as outlined in rule 9.200(d).
The court is required to make a decision on the appeal promptly, within a maximum of 7 days following the transmission of the record If the court fails to issue a decision within this timeframe, the order will automatically be considered reversed, the petition granted, and the clerk must file a certificate to this effect Additionally, the appellant will receive a certified copy of the certificate at no cost.
In legal proceedings, the court has the discretion to order briefs, oral arguments, or both The appellant has the option to seek permission to submit a brief and can also request an oral argument.
The appeal process and all related proceedings will be kept confidential to ensure the anonymity of the minor involved The case file will remain sealed unless the court issues a different order.
If an appeal results in the reversal of a petition dismissal, the clerk will provide the appellant with a certified copy of the decision or a certificate for the minor’s physician at no cost.
2014 Amendment The previous version of this rule was found at rule 9.110(n).
DISCRETIONARY PROCEEDINGS TO REVIEW CERTIFIED QUESTIONS FROM FEDERAL COURTS
CERTIFIED QUESTIONS FROM FEDERAL COURTS
(a) Applicability On either its own motion or that of a party, the
Supreme Court of the United States or a United States court of appeals may certify
If there are one or more legal questions that are crucial to a case and there is no existing controlling precedent from the Supreme Court of Florida, these questions may be submitted to the court for determination.
A federal court may certify questions of law through an opinion or a separate certificate, which must include the case style, relevant facts outlining the nature of the case, and the legal questions to be addressed The clerk of the federal court is responsible for certifying this document to the Supreme Court of Florida.
The Supreme Court of Florida has the discretion to mandate the filing of copies of all or part of the record with the federal court if it is deemed essential for resolving the case.
(d) Briefs If the Supreme Court of Florida, in its discretion, requires briefing, it will issue an order establishing the order and schedule of briefs
(e) Costs The taxation of costs for these proceedings is a matter for the federal court and is not governed by these rules
The 1977 Amendment maintains the core principles of the previous rule 4.61, with the primary modification being the alignment of timelines for answer and reply briefs with those of other cases Additionally, it is expected that federal courts will persist in the established practice of requiring parties to submit a stipulated statement of facts.
The 1980 Amendment mirrors the previous rule 9.510 and has been renumbered to align with the Florida Constitution's article V, section 3(b)(6), which allows for discretionary Supreme Court review of certified questions from federal courts The timelines for answer briefs and reply briefs will remain consistent with those in other cases.
DISCRETIONARY PROCEEDINGS TO REVIEW DECISIONS OF COUNTY COURTS
(a) Applicability This rule applies to those proceedings that invoke the discretionary jurisdiction of the district courts of appeal to review county court orders described in rule 9.030(b)(4)
(b) Commencement Any appeal of an order certified by the county court to be of great public importance must be taken to the district court of appeal
To invoke the jurisdiction of the district court of appeal, a notice and an order containing certification must be filed with the clerk of the lower tribunal, along with any required filing fees The deadline for filing the appeal is identical to that of an appeal to the circuit court.
(c) Notice The notice shall be in substantially the form prescribed by rule
Under rule 9.900(a) or 9.900(c), the notice of appeal must indicate whether the appeal is for a final or nonfinal order, specifically mentioning the certification In non-criminal cases, a conformed copy of the appealed order(s) must be attached to the notice, along with any order resulting from a timely motion to postpone the rendition of those orders.
The certification process may occur in an order subject to appeal or in any sequence that resolves a postponed motion, as outlined in rule 9.020(h) This certification must encompass specific details.
(1) findings of fact and conclusions of law; and
(2) a concise statement of the issue or issues of great public importance
Any party can propose that an order be recognized as having significant public importance, but the county court has the sole discretion to certify this The county court may also decide to certify an order on its own initiative.
The district court of appeal has the sole authority to accept or reject jurisdiction through an official order Until this order is issued, the temporary jurisdiction remains with the district court of appeal.
If the district court of appeal accepts the appeal, it will address all matters that could have been appealed to the circuit court.
(2) If the district court of appeal declines to accept the appeal, it shall transfer the case together with the filing fee to the circuit court that has appellate jurisdiction
(g) Record The record shall be prepared and transmitted in accord with rule 9.110(e) or 9.140(f), depending on the nature of the appeal
(h) Briefs The form of the briefs and the briefing schedule shall be in accord with rules 9.110(f), 9.140, 9.210, and 9.220, depending on the nature of the appeal
Cross-appeals are allowed under specific applicable rules, but only in situations where a cross-appeal would have been permitted had the appeal been filed in circuit court.
The appeal will be subject to the same rules that apply if it were taken to the circuit court, ensuring consistency in legal proceedings.
The 1984 Amendment was introduced to align with changes made to sections 26.012 and 924.08, along with the new section 34.195 established by the 1984 Legislature While section 34.195 permits the certification of final judgments, section 924.08 allows for the certification of non-final orders in criminal cases Consequently, this rule does not extend to appeals from non-final orders in civil cases According to the rationale in State v Smith, 260 So 2d 489 (Fla 1972), the power to authorize appeals from non-final orders may lie with the supreme court instead of the legislature Nevertheless, to honor the legislative intent, the rule was designed to allow for the certification of non-final orders in criminal cases that could otherwise be appealed to the circuit court.
Sections 26.012 and 924.08 permit the certification of orders recognized as having great public importance In contrast, section 34.195 allows for the certification of questions in final judgments that may have statewide significance or impact the uniform administration of justice The committee determined that any order certified as significantly important would inherently have statewide relevance, and any order affecting justice's uniformity would also be considered of great public importance Consequently, the additional statutory language was viewed as unnecessary, leading to a focus solely on the requirement to certify the order as being of great public importance.
The district court of appeal has the discretion to decline an appeal, which will then be transferred to the relevant circuit court for standard processing Aside from the specified exceptions, the procedure remains consistent with that of an appeal to circuit court Notably, the rule does not permit the review of certified orders through common law certiorari.
In cases of significant public importance, it is advisable for parties to submit suggestions for certification prior to the issuance of the appealable order However, parties can still propose certification after the order has been entered, although such a suggestion will not delay the rendition as outlined in rule 9.020(h).
The 1992 Amendment to subdivision (c) mandates that, except in criminal cases, the appellant must include a conformed copy of any orders specified in the notice of appeal, as well as any orders related to motions that delayed the issuance of the appealed orders.
APPEAL PROCEEDINGS IN PROBATE AND GUARDIANSHIP CASES
GUARDIANSHIP CASES (a) Applicability Appeal proceedings in probate and guardianship cases shall be as in civil cases, except as modified by this rule
(b) Appealable Orders Except for proceedings under rule 9.100 and rule
Under Florida Probate Code 9.130(a), appeals in probate and guardianship cases are restricted to orders that conclusively establish the rights or obligations of interested parties Such orders encompass, but are not limited to, those that definitively resolve a person's rights or duties.
(1) determine a petition or motion to revoke letters of administration or letters of guardianship;
(2) determine a petition or motion to revoke probate of a will;
(3) determine a petition for probate of a lost or destroyed will;
(4) grant or deny a petition for administration pursuant to section 733.2123, Florida Statutes;
(5) grant heirship, succession, entitlement, or determine the persons to whom distribution should be made;
(6) remove or refuse to remove a fiduciary;
(7) refuse to appoint a personal representative or guardian;
(8) determine a petition or motion to determine incapacity or to remove rights of an alleged incapacitated person or ward;
(9) determine a motion or petition to restore capacity or rights of a ward;
(10) determine a petition to approve the settlement of minors’ claims;
(11) determine apportionment or contribution of estate taxes;
(12) determine an estate’s interest in any property;
(13) determine exempt property, family allowance, or the homestead status of real property;
(14) authorize or confirm a sale of real or personal property by a personal representative;
(15) make distributions to any beneficiary;
(16) determine amount and order contribution in satisfaction of elective share;
(17) determine a motion or petition for enlargement of time to file a claim against an estate;
(18) determine a motion or petition to strike an objection to a claim against an estate;
(19) determine a motion or petition to extend the time to file an objection to a claim against an estate;
(20) determine a motion or petition to enlarge the time to file an independent action on a claim filed against an estate;
(21) settle an account of a personal representative, guardian, or other fiduciary;
(22) discharge a fiduciary or the fiduciary’s surety;
(23) award attorneys’ fees or costs; or
(24) approve a settlement agreement on any of the matters listed above in (b)(1)–(b)(23) or authorizing a compromise pursuant to section 733.708, Florida Statutes
An appeal may be conducted based on a record prepared by the clerk of the lower tribunal or through appendices included in the briefs, as chosen by the parties within the specified time limits outlined in the rule.
According to rule 9.200(a)(2), the clerk of the lower tribunal is responsible for preparing a record on appeal unless the appellant specifies otherwise, in which case a copy of this direction must be provided to the court Additionally, any other party involved may request the clerk to prepare a record, with the same requirement for serving the court If no record is prepared as stipulated, the appeal will continue using appendices as outlined in rule 9.220.
The appellant must serve their initial brief, along with an appendix as required by rule 9.220 (if applicable), within 70 days of filing the notice of appeal Subsequent briefs should be served in accordance with rule 9.210.
The court has the authority to review any ruling or issue related to the order on appeal that occurred prior to the filing of the notice of appeal, with the exception of orders that are independently appealable under this rule Additionally, multiple separately appealable orders under rule 9.170(b) can be addressed in a single notice, provided that the notice is timely filed for each order.
APPEAL PROCEEDINGS TO REVIEW WORKERS’ COMPENSATION CASES
(a) Applicability Appellate review of proceedings in workers’ compensation cases shall be as in civil cases except as specifically modified in this rule
(1) Appeal The First District Court of Appeal (the court) shall review by appeal any final order, as well as any nonfinal order of a lower tribunal that adjudicates:
Compensability is established when an order confirms that an injury happened during the scope of employment, entitling the claimant to receive related benefits Additionally, the lower tribunal must certify that determining the precise nature and amount of benefits owed will involve significant time and expense.
To ensure the right to appeal an abbreviated final order, a timely request for findings of fact and conclusions of law must be filed; otherwise, the right to review is waived Filing this request pauses the timeline for when the abbreviated final order becomes final and when an appeal can be initiated.
To invoke the court's jurisdiction, a notice of appeal must be filed with the lower tribunal within 30 days from the date the order to be reviewed is sent to the parties, either by mail or approved electronic means, known as the date of rendition Additionally, the required filing fee must be submitted to the clerk, or a verified petition for relief from the payment of the fee should accompany the notice of appeal.
The Notice of Appeal must adhere to the format outlined in rule 9.900(a) or (c) and should include a concise summary of the benefits impacted, along with a statement detailing the relevant time periods, presented in a similar manner.
I hereby certify that this appeal affects only the following periods and classifications of benefits and medical treatment:
1 Compensation for (TTD, TPD, wage loss, impairment benefits, PTD, funeral benefits, or death benefits) from (date) to
4 Reimbursement from the SDTF for benefits paid from (date) to (date)
5 Contribution for benefits paid from (date) to (date)
(1) Substantive Issues The lower tribunal retains jurisdiction to decide the issues that have not been adjudicated and are not the subject of pending appellate review
Before the record on appeal is sent to the court, the lower tribunal has the power to approve settlements and rectify any clerical mistakes in the order being appealed.
After the appeal record is transmitted, if the parties reach a settlement, they must file a joint motion indicating the settlement and requesting the court to relinquish jurisdiction back to the lower tribunal for approval The court can grant this relinquishment for a specified time to allow for the entry of the appropriate order Additionally, if the Division of Workers’ Compensation has covered the costs of preparing the appeal record or the filing fee, the appellant must provide a copy of the joint motion to the division.
By the specified date in the order relinquishing jurisdiction, the parties are required to submit a joint notice regarding the settlement's disposition, along with a conformed copy of any order related to the settlement.
(B) Costs Any order approving a settlement shall provide where appropriate for the assessment and recovery of appellate costs, including any costs incurred by the division for insolvent appellants
Benefits mentioned in the appeal notice may be withheld in accordance with legal provisions until the appeal is resolved However, any benefits that have already been awarded must be disbursed as mandated by law.
If the appellant or cross-appellant does not present arguments regarding their entitlement to benefits outlined in the notice of appeal within their initial brief, their challenge to those benefits will be considered abandoned.
If there is a dispute as to whether a challenge to certain benefits has been abandoned, the court upon motion shall make that determination
When benefits are abandoned during an appeal process, the unaffected benefits must be paid within 30 days of the brief's service, along with interest as mandated by section 440.20 of the Florida Statutes, starting from the date of the lower tribunal's award order.
Upon the completion of an appeal, if a court orders the payment of benefits, they must be disbursed along with interest as stipulated in section 440.20 of the Florida Statutes, within 30 days of the court's mandate Should the court's order be appealed to the supreme court, the benefits determined by the court may be temporarily stayed in accordance with rule 9.310 Any benefits ordered by the supreme court must also be paid within 30 days of its mandate.
(e) Intervention by Division of Workers’ Compensation
The Division of Workers' Compensation has the right to intervene in the District Court of Appeal within 30 days of filing a notice or petition This intervention allows them to participate as a party appellant/petitioner or appellee/respondent, enabling them to address any pertinent issues related to the case.
The Supreme Court of Florida allows for intervention by the division when a review of a court order is requested The clerk of the Supreme Court is responsible for supplying the division with the relevant documents.
(3) Division Not a Party Until Notice to Intervene Is Filed Until the notice of intervention is filed, the division shall not be considered a party
The record must include essential documents such as claims for benefits, notices of denial, pretrial stipulations and orders, trial memoranda, admitted depositions or exhibits, motions for rehearing and responses, orders on rehearing motions, hearing transcripts from the lower tribunal, and the appealed order Additionally, parties have the option to designate other items for inclusion or exclusion from the record as per rule 9.200.
Evidence that is presented but not formally introduced during a hearing cannot be taken into account unless its admissibility is challenged on appeal, and the relevant issue is properly included in the record by a party.
(3) Certification; Transmission The lower tribunal shall certify and transmit the record to the court as prescribed by these rules
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION
(a) Applicability Judicial review of administrative action shall be as in civil cases except as specifically modified by this rule
To initiate an appeal from final agency actions as defined by the Administrative Procedure Act in Florida, including immediate final orders under section 120.569(2)(n) and other actions eligible for judicial review, one must follow the procedures outlined in rule 9.110(c).
Under the Administrative Procedure Act, a review of nonfinal agency actions, including those by an administrative law judge and agency orders as per section 120.60(6) of the Florida Statutes, must be initiated by filing a petition for review in accordance with rules 9.100(b) and (c).
To initiate a review of quasi-judicial decisions made by administrative bodies, agencies, boards, or commissions not governed by the Administrative Procedure Act, a petition for certiorari must be filed in compliance with rules 9.100(b) and (c), unless there is a provision for judicial review through appeal as established by general law.
The record for review by the court will consist solely of materials that were provided to and examined by the lower tribunal prior to the administrative action being contested.
(2) Review of Final Action Pursuant to the Administrative Procedure Act
In appeals from proceedings under sections 120.569 and 120.57(1) of the Florida Statutes, the record must include all relevant documents such as notices, pleadings, motions, intermediate rulings, admitted evidence, recognized matters, proffers of proof, objections, proposed findings, exceptions, and decisions made by the presiding officer Additionally, it should contain any staff memoranda or data submitted to the presiding officer, excluding advisory staff communications unless they are public records, as well as matters recorded after ex parte communications and the official transcript.
(B) Proceedings Not Involving Disputed Issues of Material Fact In an appeal from any proceeding pursuant to sections 120.569 and
According to Florida Statutes 120.57(2), the official record must include the notice and summary of grounds, evidence presented, all written statements, decisions that overrule objections, matters recorded after ex parte communications, the official transcript, and any decisions, opinions, orders, or reports issued by the presiding officer.
In an appeal regarding a declaratory statement under section 120.565 of the Florida Statutes, the record must include the petition for the declaratory statement, any agency pleadings, notices published in the Florida Administrative Register, and the agency's response—either the declaratory statement issued or the denial of the petition Additionally, all relevant matters as specified in subdivisions (c)(2)(A) or (c)(2)(B) of the rule must be included if a hearing is conducted on the petition.
In an appeal under section 120.574 of the Florida Statutes, the record must include all relevant documents such as notices, pleadings, motions, and intermediate rulings, along with received evidence, recognized matters, proffers of proof, objections, and rulings It should also encompass any matters recorded following ex parte communications, the written decision from the presiding administrative law judge, and the official transcript of the final hearing.
In an appeal under section 120.56 of the Florida Statutes, the record must include all relevant documents such as notices, pleadings, motions, evidence, and rulings This encompasses officially recognized matters, proffers of proof, objections, proposed findings, and any decisions or reports from the presiding officer Additionally, all staff memoranda or data presented to the presiding officer during the hearing or prior to its conclusion must be included, excluding communications from advisory staff as allowed by the statute.
120.66(1), Florida Statutes, if such communications are public records; all matters placed on the record after an ex parte communication; and the official transcript
In appeals regarding the adoption of rules under sections 120.54 or 120.68(9) of the Florida Statutes, where the only issue is the constitutionality of a rule without any disputed facts, the record will include only those documents from the agency's rulemaking record that directly address the constitutional matter This record encompasses all notices related to the proposed rule, the estimated regulatory costs, summaries of hearings, written comments and responses as mandated by sections 120.54 and 120.541, as well as notices and findings made under section 120.54(4), and all materials submitted by the agency to the Administrative Procedures Committee.
120.54(3), Florida Statutes; all materials filed with the Department of State pursuant to section 120.54(3), Florida Statutes; and all written inquiries from standing committees of the legislature concerning the rule
In an appeal concerning an immediate final order issued under section 120.569(2)(n) of the Florida Statutes, the record must be compiled into an appendix in accordance with rule 9.220 and submitted alongside the briefs.
(3) Review of Nonfinal Action Pursuant to the Administrative Procedure Act The provisions of rules 9.100 and 9.220 govern the record in proceedings seeking review of nonfinal administrative action
In cases involving the review of administrative actions that are not regulated by the Administrative Procedure Act, the clerk of the lower tribunal is not obligated to create a record or record index Instead, it is the responsibility of the petitioner or appellant to provide an appendix that complies with rule 9.220.
Supplemental appendices may be submitted by any party Appendices may not contain any matter not made part of the record in the lower tribunal
In cases where testimony is recorded on videotape instead of being documented in an official transcript, it is essential that the videotaped testimony be transcribed This transcription must then be included in the official record prior to its submission to the court.
(6) Modified Record The contents of the record may be modified as provided in rule 9.200(a)(3)
A motion for attorneys' fees must be filed no later than the deadline for serving the reply brief and should clearly outline the reasons for the fee recovery, referencing all relevant statutes.
In cases where the court grants attorneys' fees, it has the option to either send the issue back to the lower tribunal or administrative law judge for a determination of the amount, or to appoint a special magistrate to handle the matter.
(3) Review Review of orders entered by the lower tribunal or the administrative law judge under this rule shall be by motion filed in the court within
THE RECORD
The record, unless otherwise specified by the parties, comprises all documents filed in the lower tribunal, non-physical exhibits, and any transcripts of proceedings, excluding summonses, praecipes, subpoenas, returns, notices of hearings or depositions, and other discovery materials In criminal cases, if an exhibit includes physical evidence, the clerk will only transmit a copy unless the court orders otherwise, which may include copies of tapes, CDs, DVDs, or similar electronic recordings Additionally, the record must include a progress docket.
Within 10 days of submitting a notice of appeal, an appellant has the option to instruct the clerk to either include or exclude specific documents or exhibits from the lower tribunal These instructions must closely follow the format outlined by the applicable rules.
According to rule 9.900(g), if the clerk is instructed to send only part of the trial record or a transcript that does not include all testimonies, the appellant must provide a statement outlining the specific judicial acts to be reviewed Additionally, within 20 days of filing the notice, the appellee has the right to request the clerk to add more documents and exhibits to the record.
The parties involved may create a stipulated statement outlining the issues raised and resolved in the lower tribunal, including a copy of the order for review and any necessary records It is important for the parties to notify the clerk of the lower tribunal about their intention to use this stipulated statement instead of the full record as early as possible before filing The stipulated statement must be filed by the parties and sent to the court by the clerk within the designated timeframe for record transmittal.
When filing a notice of appeal, the appellant must designate the necessary portions of the proceedings for transcription within 10 days and serve this designation on an approved court reporter or transcriptionist The appellee has 20 days to designate additional portions All designations should be served on the designated reporter or transcriptionist, with the initial costs covered by the designating party, as per rule 9.400 A deposit of half the estimated transcript costs is required at the time of designation, with the remaining balance due upon delivery of the completed transcripts.
Upon receiving a designation, the approved court reporter or transcriptionist must acknowledge receipt at the bottom of the document, indicating the expected completion date for the transcripts This acknowledgment should be served to all parties involved and filed with the court clerk within five days If the transcripts cannot be completed within 30 days, the reporter must request additional time, providing valid reasons for the delay The court will then allow the parties five days to respond to this request, after which it will either approve the extension or take other appropriate actions, notifying all parties of the new due date for the transcripts.
Within 30 days of receiving a designation, the approved court reporter or transcriptionist must transcribe and file the designated proceedings with the lower tribunal's clerk, providing copies as requested If the designating party instructs the reporter to send transcripts to fewer parties, they must distribute copies to those parties within 10 days of receiving the transcripts.
The trial transcript must be filed separately from any other designated proceedings and should include a master trial index This index will list witness names, all exhibits presented as evidence, and the corresponding page numbers All pages, including the index, must be consecutively numbered starting from page 1, and should not be condensed.
If a report of the proceedings is unavailable, a party may create a statement of evidence based on the best available means, including personal recollection This statement must be served to all other parties, who have 15 days to submit objections or proposed amendments Once settled and approved, the statement, along with any objections or amendments, will be filed with the lower tribunal and included in the official record by the clerk.
In the context of cross-appeals, a cross-appellant has 20 days from filing the notice of appeal to request the inclusion of additional documents, exhibits, or transcripts in the record If only part of the record is designated, the cross-appellant must provide a statement outlining the judicial acts to be reviewed Following this, the cross-appellee has 15 days to request further additions Consequently, the preparation and transmission period for the record is extended by an additional 10 days.
(d) Preparation and Transmission of Electronic Record
(1) The clerk of the lower tribunal shall prepare the record as follows:
The clerk of the lower tribunal is responsible for assembling the appeal record, which includes creating a cover page that features the lower tribunal's name, the case style and number, and the title "RECORD ON APPEAL" in bold 48-point font In accordance with Florida Rule of Judicial Administration 2.420(g)(8), the accompanying index must highlight any confidential information, specifying the relevant order by date or docket number and record page number The clerk is not obligated to verify transcripts included in the record and will not charge for their incorporation Additionally, the trial transcript must remain distinct from the rest of the appeal record and should not be renumbered, while the progress docket is to be placed immediately after the index.
All pages of the record must be consecutively numbered, including any transcripts other than the trial transcript, which should maintain the pagination of the original record After the clerk of the lower tribunal has sent the record to the court, any permitted supplements must be submitted as separate Portable Document Format (PDF) files, ensuring that the pagination continues consecutively from the original record through each supplement.
All records, excluding the trial transcript, must be compiled into a single PDF file, which will include all filings in a redacted format Upon request, the appellate court will receive the unredacted version of any information from the record.
(ii) paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index; and
(iii) bookmarked, consistently with the index, such that each bookmark states the date, name, and record page of the filing and the bookmarks are viewable in a separate window
(2) The transcript of the trial shall be converted into a second PDF file The PDF file shall be:
(B) paginated to exactly match the pagination of the master trial index of the transcript of the trial filed under subdivision (b)(2)
(3) The clerk of the lower tribunal shall certify the record and transmit the record and the transcript of the trial to the court by uploading the PDF files:
(A) via the Florida Courts E-Filing Portal; or (B) in accordance with the procedure established by the appellate court’s administrative order governing transmission of the record
The court will upload the electronic record to the e-filing system docket, allowing registered attorneys and parties to download the electronic record related to their cases.
The petitioner or appellant is responsible for ensuring that the record is prepared and transmitted according to the established rules Any party has the right to enforce these provisions through a motion.
(1) If there is an error or omission in the record, the parties by stipulation, the lower tribunal before the record is transmitted, or the court may correct the record
BRIEFS
In any proceeding, the only briefs allowed to be filed by the parties, aside from jurisdiction briefs under rule 9.120(d), are the initial brief, answer brief, reply brief, and cross-reply brief All briefs must adhere to the preparation requirements outlined in these rules.
Briefs must be submitted on opaque, white, unglossed paper in printed, typewritten, or duplicated formats if not filed electronically Each page should measure 8 1/2 by 11 inches When filing electronically, only the electronic version is required.
Briefs must be formatted with black lettering in a clear typeface, double-spaced, and with a minimum 1-inch margin Handwritten-style fonts are prohibited Footnotes and quotations can be single-spaced and should match the main text's font size and character spacing Headings and subheadings must be at least the same size as the body text and may be single-spaced Computer-generated briefs should use Times New Roman 14-point or Courier New 12-point fonts A certificate of compliance, signed by the attorney or unrepresented party, must be included in the brief, following the certificate of service, confirming adherence to these font requirements.
(3) Briefs filed in paper format shall not be stapled or bound
Each brief's cover sheet must include essential information such as the court's name, the case style with its assigned number, the lower tribunal, the filing party, the brief type, and the attorney's name, address, and email.
(5) The page limits for briefs shall be as follows:
(A) Briefs on jurisdiction shall not exceed 10 pages
Initial and answer briefs must not exceed 50 pages, while reply briefs are limited to 15 pages In the case of a cross-appeal, the appellee's answer/cross-initial brief is capped at 85 pages, and the appellant's reply/cross answer brief is limited to 50 pages, with a maximum of 15 pages dedicated to responding to the appellee's arguments Additionally, cross-reply briefs are restricted to 15 pages.
In appeals concerning death penalty convictions or postconviction motions under Florida Rule of Criminal Procedure 3.851, the initial and answer briefs are limited to 100 pages, while the reply brief is capped at 35 pages For cross-appeals, the appellee’s answer/cross-initial brief cannot exceed 150 pages, and the appellant’s reply/cross-answer brief is limited to 100 pages, with no more than 35 pages allocated for responses to the appellee’s arguments Additionally, cross-reply briefs are restricted to 35 pages.
In Florida, when appealing a summary denial of an initial postconviction motion under Rule 3.851, or a ruling on a successive postconviction motion, the page limits for briefs are set: initial and answer briefs must not exceed 75 pages, while reply briefs are limited to 25 pages This also applies to findings regarding a defendant's intellectual disability as a bar to execution under Rule 3.203, and motions for postconviction DNA testing under Rule 3.853.
The cover sheet, tables of contents, citations, certificates of service and compliance, and the author's signature block are not included in the page limits specified in subdivisions (a)(5)(A)–(a)(5)(D) All other pages must be consecutively numbered, and the court has the discretion to allow longer briefs.
In an appeal, an attorney representing multiple parties may submit only one initial or answer brief and one reply brief, unless the court specifies otherwise This brief must encompass arguments for all parties the attorney represents Similarly, if a single party is responding to multiple briefs or is represented by several attorneys, they are also limited to one response.
(b) Contents of Initial Brief The initial brief shall contain the following, in order:
(1) a table of contents listing the sections of the brief, including headings and subheadings that identify the issues presented for review, with references to the pages on which each appears;
(2) a table of citations with cases listed alphabetically, statutes and other authorities, and the pages of the brief on which each citation appears;
The article requires a comprehensive statement of the case and relevant facts, detailing the nature of the case, the progression of the proceedings, and the outcome in the lower tribunal, while also citing the corresponding pages of the record or transcript.
This article provides a concise summary of the argument presented in the brief, ensuring that it is well-organized into coherent paragraphs The summary accurately captures the essence of the argument without simply reiterating the headings, maintaining clarity and precision throughout It is designed to be succinct, typically not exceeding two pages and rarely extending beyond five pages, effectively distilling the key points for easy understanding.
(5) argument with regard to each issue, with citation to appropriate authorities, and including the applicable appellate standard of review;
(6) a conclusion, of not more than 1 page, setting forth the precise relief sought;
(8) a certificate of compliance for computer-generated briefs
The answer brief must be formatted similarly to the initial brief, but it can exclude the statement of the case and facts if the initial brief's corresponding section is satisfactory Additionally, if a cross-appeal has been filed, the answer brief must address the issues from the cross-appeal that are under review, along with supporting arguments for those issues.
The reply brief must include arguments that respond to and counter the points made in the answer brief Additionally, it should feature a table of contents, a table of citations, a certificate of service, and, for briefs generated by computer, a certificate of compliance, all formatted similarly to the initial brief.
The cross-reply brief serves to rebut the arguments presented by the cross-appellee and must include essential components such as a table of contents, a table of citations, a certificate of service, and, for briefs generated by computer, a certificate of compliance, all formatted similarly to the initial brief.
Service times for jurisdiction and initial briefs are governed by rules 9.110, 9.120, 9.130, and 9.140 Typically, the answer brief must be served within 30 days of the initial brief, followed by the reply brief within 30 days of the answer brief, and any cross-reply brief within 30 days thereafter In appeals or cross-appeals with multiple initial or answer briefs, the responsive brief is due within 30 days after the last served brief If the last authorized brief is not served, the responsive brief must be submitted within 30 days after the deadline for the last authorized brief.
(g) Citations Counsel are requested to use the uniform citation system prescribed by rule 9.800
APPENDIX
The appendix serves to allow parties to prepare and share essential portions of the record that are crucial for understanding the issues at hand It can be submitted alongside any petition, brief, motion, response, or reply, while adhering to the established rules for service.
In legal proceedings that necessitate an appendix, the court will instruct a party to provide any missing sections if the appendix is deemed incomplete No case will be resolved until the opportunity to complete the appendix has been afforded.
The appendix must include a coversheet, index, certificate of service, and a conformed copy of the opinion or order under review, along with any relevant record portions and authorities Omissions in documents or witness testimony should be indicated with asterisks The coversheet should clearly state the court's name, the case title including the assigned case number, the party filing the appendix, the related petition, brief, motion, response, or reply, and the contact information of the attorney or pro se party submitting the appendix.
The appendix must be prepared and submitted electronically as a single Portable Document Format (PDF) file, unless size limitations or technical requirements from the Florida Supreme Court necessitate multiple files It should be properly indexed and consecutively paginated, starting with the cover sheet as page 1.
(2) be paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index;
Ensure that all bookmarks are organized in accordance with the index, with each bookmark clearly indicating the date, the name of the referenced document, and a link to the document's first page Additionally, all bookmarks should be accessible in a separate window for easy viewing.
(4) not contain condensed transcripts, unless authorized by the court
When an appendix is permitted in a paper, it must be distinct from the accompanying petition, brief, motion, response, or reply The appendix should be paginated consecutively, starting with the cover sheet as page 1, and must adhere to specific formatting requirements.
(1) if the appendix includes documents filed before January 1991 on paper measuring 8 1/2 by 14 inches, the documents should be reduced in copying to 8 1/2 by 11 inches, if practicable; and
(2) if reduction is impracticable, the appendix may measure 8 1/2 by 14 inches, but must be separated from the 8 1/2 by 11-inch document(s) that it accompanies
In 1977, a new rule was adopted to promote the use of an appendix, which can be included as a separate document or as part of another matter While the appendix is generally optional, it is required under specific rules such as 9.100, 9.110(i), 9.120, and 9.130 If a legal-sized appendix (8 1/2 by 14 inches) is utilized, it should be formatted as a separate document The term "conformed copy" refers to a true and accurate representation of a document, and formal parts of a document may be omitted in the appendix if they are not relevant.
1980 Amendment The rule has been amended to reflect the requirement that an appendix accompany a suggestion filed under rule 9.125
The 1992 Amendment resolves the transitional issue of including legal documents filed prior to January 1991 in subsequent appendices It promotes the conversion of 8 ½ by 14-inch documents to 8 ½ by 11 inches when feasible, and mandates that documents that cannot be reduced must be bound separately.
NOTICE OF SUPPLEMENTAL AUTHORITY
A party can submit notices of supplemental authority to the court before a decision is made, highlighting important decisions, rules, statutes, or other relevant authorities discovered after their last brief was filed These notices must avoid argumentation but may briefly outline the issues on appeal related to the supplemental authorities, adhering to the format specified in rule 9.900(j) Additionally, copies of the cited supplemental authorities must accompany the notice.
1996 Adoption Formerly rule 9.210(g) with the addition of language that requires that supplemental authorities be significant to the issues raised
In the 2011 Amendment, it is recommended that attorneys and parties, when submitting a notice of supplemental authority, utilize pinpoint citations This practice helps guide the court to specific pages or sections of the cited supplemental authority, enhancing clarity and precision in legal documentation.
MOTIONS
A motion for an order or other relief must be filed according to prescribed rules, stating the grounds for the request, the relief sought, supporting arguments, and relevant authority citations If applicable, motions for extensions of time should include a certificate confirming that the movant's counsel has consulted with opposing counsel, who either has no objection or will file one promptly Additionally, motions can be accompanied by an appendix containing affidavits and supporting documents not in the record Parties have 15 days to respond to a motion, although the court may adjust this timeframe as needed.
The service of a motion will pause the timeline of any court proceedings until the motion is resolved, unless specified otherwise If an extension of time is granted for one action, it will automatically apply to all related actions Additionally, if an extension is granted for preparing the record or filing transcripts, it will also extend the deadline for serving the next brief by the same duration A conformed copy of the extension order must be promptly sent to the clerk of the lower tribunal until the record is submitted to the court.
(c) Emergency Relief; Notice A party seeking emergency relief shall, if practicable, give reasonable notice to all parties
(1) Motions for post-trial release, rule 9.140(g)
(2) Motions for stay pending appeal, rule 9.310
(3) Motions relating to oral argument, rule 9.320
(4) Motions relating to joinder and substitution of parties, rule 9.360
(5) Motions relating to amicus curiae, rule 9.370
(6) Motions relating to attorneys’ fees on appeal, rule 9.400
(7) Motions relating to service, rule 9.420
(8) Motions relating to admission or withdrawal of attorneys, rule 9.440
(9) Motions relating to sanctions, rule 9.410
(10) Motions relating to expediting the appeal
(11) Motions relating to appeal proceedings to review a final order dismissing a petition for judicial waiver of parental notice of termination of pregnancy, rule 9.147
(12) Motions for mediation filed more than 30 days after the notice of appeal, rule 9.700(d)
(13) All motions filed in the supreme court, unless accompanied by a separate request to toll time
1977 Amendment This rule replaces former rule 3.9
Subdivision (a) introduces new guidelines for motions, replacing former rule 3.9(g), emphasizing the inclusion of all relevant matters within the motion itself, as oral arguments will be infrequently allowed Affidavits and documents not in the record can be added to the appendix, but should only pertain to the motion and not the case's merits The advisory committee believes that traditional briefs on motions are cumbersome and unnecessary, aiming for a simplified and unified motion document with reduced technical language Routine motions will typically involve limited argument, and while responses from opposing parties are permitted, no additional responses are allowed without a court order To promote cooperation, parties seeking extensions must certify consultation with opposing counsel regarding objections Only specific motions listed in subdivision (d) do not delay subsequent actions, and subdivision (d)(9) formalizes the practice that motions do not toll time unless a court-approved request for delay is made, reflecting that few motions justify procedural delays.
The advisory committee considered and rejected as unwise a proposal to allow at least 15 days to perform the next act after a motion tolling time was disposed
Subdivision (c) is new and has been included at the request of members of the judiciary
It is intended to require that counsel make a reasonable effort to give actual notice to opposing counsel when emergency relief is sought from a court
The removal of specific references to motions to quash or dismiss appeals in former rules 3.9(b) and (c) is intended to streamline the process, not to abolish these motions Courts retain the inherent authority to quash frivolous appeals, and subdivision (a) ensures that any party can file a motion While there are no special time limitations for these motions, delays in submission may affect the relief granted or any sanctions imposed under rule 9.410.
As was the case under former rule 3.8, a motion may be filed in either the lower tribunal or the court, in accordance with rule 9.600
The 1980 Amendment to subdivision (b) mandates that the clerk of either court must inform the other clerk when an extension of time is granted, ensuring accurate computation of the timeline for transmitting the record on appeal This notification process allows the clerk of the lower tribunal to effectively manage the appeal record's transmission and enables both courts to calculate the timing for subsequent actions accurately.
The 1992 Amendment clarified uncertainties regarding time deadlines in Subdivision (b) Previously, the rule stated that extending the time for one action would automatically extend the time for any related actions by the same duration.
The briefing schedule is linked solely to the notice of appeal filing, and recent amendments ensure that any orders extending the preparation time for the record, index, or transcript will also automatically extend the deadline for serving the initial brief Additionally, subdivision (b) has been revised to align with rule 9.600(a), which stipulates that only an appellate court has the authority to grant time extensions.
STAY PENDING REVIEW
(a) Application Except as provided by general law and in subdivision
To seek a stay of a final or nonfinal order during review, a party must file a motion in the lower tribunal, which retains the authority to grant, modify, or deny the request The stay may be subject to the requirement of posting a sufficient bond, additional conditions, or both.
A money judgment allows a party to secure an automatic stay of execution during the review process by posting a bond that equals the principal amount of the judgment plus double the statutory interest rate on the total amount owed This can be done without needing a motion or order Additionally, multiple parties sharing common liability can submit a single bond that meets these requirements.
The timely filing of a notice for review by state entities or public officers triggers an automatic stay, except in criminal cases and certain administrative actions as outlined in Florida Statutes chapter 120 This stay lasts for 48 hours in cases involving public records and public meetings Additionally, the lower tribunal or court has the authority to extend the stay, impose conditions, or vacate it upon motion.
A good and sufficient bond in Florida is defined as one that involves a principal and a surety company authorized to operate within the state, or alternatively, cash deposited with the circuit court clerk’s office The lower tribunal maintains ongoing jurisdiction to assess the actual sufficiency of any bond presented.
The conditions of a bond must ensure full payment or compliance with the order, encompassing costs, interest, fees, and damages related to delay, use, detention, and depreciation of property if the review is dismissed or the order is affirmed Additionally, other conditions may be imposed as deemed necessary by the lower tribunal.
A surety on a bond that conditions a stay consents to the jurisdiction of the lower court The lower tribunal or court can enforce the surety's liability on the bond through a motion and notice, eliminating the need for a separate legal action.
(e) Duration A stay entered by a lower tribunal shall remain in effect during the pendency of all review proceedings in Florida courts until a mandate issues, or unless otherwise modified or vacated
(f) Review Review of orders entered by lower tribunals under this rule shall be by the court on motion
1977 Amendment This rule replaces former rules 5.1 through 5.12 It implements the
Administrative Procedure Act, section 120.68(3), Florida Statutes (Supp 1976)
Subdivision (a) allows for a stay pending review through a motion filed in the lower tribunal, while also clarifying the tribunal's authority to modify the bond amount or impose additional conditions on the stay, despite the case being under court review.
Exceptions outlined in subdivision (b) maintain any statutory right to a stay The court holds full authority to modify requirements set by the lower tribunal A party wishing to invoke the court's power can request a review through a motion as specified in subdivision (f) of this rule.
Subdivision (b)(1) introduces a new standard for calculating bond amounts in cases involving monetary judgments, replacing the previous rule 5.7 This formula will be automatically recognized by the clerk In situations where an insurance company is involved in a case with its insured and the judgment surpasses the company’s liability limits, the rule allows the insurance company to secure a supersedeas by posting a bond that equals its liability limits plus additional specified amounts.
To secure a stay, the insured co-defendant must post a bond covering the judgment amount against them plus an additional 15 percent This 15 percent is a calculated estimate of two years' interest and costs, considering that the stay is likely to last for more than one year.
Subdivision (b)(2) updates the previous rule 5.12 by establishing an automatic stay without requiring a bond when a notice invoking jurisdiction is filed by the state or any public body, excluding criminal cases governed by rule 9.140(c)(3) However, the lower tribunal retains the authority to vacate the stay or impose a bond if deemed necessary This rule takes precedence over the decision in Lewis v Career Service Commission, 332 So 2d.
Subdivision (c) retains the substance of former rule 5.6, and states the mandatory conditions of the bond
Subdivision (d) preserves the essence of the previous rule 5.11 while adding a new provision that allows the court to enter judgment directly, eliminating the need for an independent action when the lower tribunal is an agency.
Subdivision (e) introduces a new provision allowing a stay, supported by a single bond premium, to remain effective throughout all review proceedings A stay is lifted only by the issuance of a mandate or a vacating order, with no automatic stays under these rules, except for the state or a public body as specified in subdivision (b)(2) or when a statutory right to a stay exists Notably, this rule interacts with rule 9.340, granting parties 15 days from the court's decision to file for a stay of mandate pending review, unless expedited If granted, any existing stay and bond remain in effect, subject to modifications as per this rule Should circumstances necessitate changes to the stay's terms, the concerned party must file a motion for the appropriate order.
Subdivision (f) provides for review of orders regarding stays pending appeal by motion in the court
While parties typically seek a stay in the lower court, this guideline does not restrict the court's constitutional authority to issue stay orders once its jurisdiction is invoked If a decision from a Florida court is reviewed by the United States Supreme Court, a party may request a stay of mandate, although subdivision (e) does not apply in these situations.
The 1984 Amendment revised subdivision (b)(1) to reflect recent increases in the statutory interest rate on judgments, now requiring the posting of 2 years’ interest on the judgment instead of the previous 15 percent This change addressed deficiencies highlighted in the case of Proprietors Insurance Co v Valsecchi, ensuring that when a party is obligated to pay interest only, the required bond equals the principal amount plus 2 years’ interest Additionally, it clarifies that insurers may be liable to pay interest on the full judgment amount, even if their policy limits the payout to a lesser sum, as demonstrated in Highway Casualty Co v Johnston.
SUMMARY DISPOSITION
In appeals governed by rules 9.110, 9.130, or 9.140, the court has the authority to issue a summary affirmance after the initial brief is served, or following the answer brief in the case of a cross-appeal This occurs if the court determines that there is no substantial basis presented for reversing the order under review.
In appeals governed by rules 9.110, 9.130, or 9.140, the court has the authority to issue a summary reversal after the service of the answer brief or the reply brief in the case of a cross-appeal This action can be taken if the court determines that there is no valid reason to uphold the order in question, and that the order is otherwise eligible for reversal.
(c) Motions Not Permitted This rule may be invoked only on the court’s own motion A party may not request summary disposition
In 1987, a new rule was established to implement a screening process by appellate courts, emphasizing the importance of investing time early in a case to streamline the overall process This rule ensures fairness by allowing appellants to submit comprehensive briefs, aiming to facilitate the swift resolution of both nonmeritorious and clearly meritorious appeals.
ORAL ARGUMENT
Oral argument may be permitted in any proceeding A request for oral argument shall be in a separate document served by a party:
(a) in appeals, not later than 15 days after the last brief is due to be served;
(b) in proceedings commenced by the filing of a petition, not later than 15 days after the reply is due to be served; and
(c) in proceedings governed by rule 9.146, in accordance with rule
In oral arguments, each party is typically allotted 20 minutes, while capital cases allow for 30 minutes per side The court has the discretion to modify the duration of oral arguments, either on its own initiative or at the request of a party involved in the case.
The 1977 Amendment replaces the previous rule 3.10 and continues to stipulate that there is no inherent right to oral argument Oral arguments will be granted at the court's discretion, specifically when it believes that such arguments will enhance its consideration of the issues Additionally, the allowable time for each party has been reduced from 30 minutes to 20 minutes, aligning with current court practices If oral argument is permitted, the court's order will specify the time and location.
REHEARING; CLARIFICATION; CERTIFICATION;
WRITTEN OPINION (a) Time for Filing; Contents; Response
A motion for rehearing, clarification, certification, or a written opinion must be filed within 15 days of the court's order or decision, unless the court specifies a different timeframe.
A motion for rehearing must clearly outline the specific legal or factual points that the movant believes the court has overlooked or misunderstood in its ruling It is important to note that the motion cannot introduce new issues that were not previously addressed during the proceedings.
A motion for clarification must specify the particular legal or factual aspects of the court's order or decision that the movant believes require further explanation.
A motion for certification must clearly identify the cases that conflict with the existing order or decision, or outline the significant issue or question deemed of great public importance that warrants certification.
(D) Motion for Written Opinion A motion for written opinion shall set forth the reasons that the party believes that a written opinion would provide:
(i) a legitimate basis for supreme court review;
(ii) an explanation for an apparent deviation from prior precedent; or
Guidance is provided to the parties or lower tribunal when the decided issue is also present in other pending cases, is expected to recur in future cases, has conflicting decisions from lower tribunals, is one of first impression, or arises in a case with exclusive subject matter jurisdiction.
(3) Response A response may be served within 15 days of service of the motion
A party is permitted to file only one motion for rehearing, clarification, certification, or written opinion regarding a specific court order or decision Additionally, all motions related to that particular order or decision must be consolidated into a single document.
In bond validation proceedings, a motion for rehearing or clarification can be filed within 10 days of an order or decision, or within a timeframe set by the court, as outlined in rule 9.030(a)(1)(B)(ii) A reply to the motion must be served within 10 days of its service If no timely motion is filed, the mandate will be issued immediately Timely motions will be considered promptly by the court, and if denied, the mandate will also be issued without delay.
(d) Exception; Review of District Court of Appeal Decisions No motion for rehearing or clarification may be filed in the supreme court addressing:
The court has dismissed an appeal that sought to invoke its mandatory jurisdiction under rule 9.030(a)(1)(A)(ii), as the appeal aimed to review a district court of appeal's decision issued without an opinion.
(2) the grant or denial of a request for the court to exercise its discretion to review a decision described in rule 9.030(a)(2)(A); or
(3) the dismissal of a petition for an extraordinary writ described in rule 9.030(a)(3) when such writ is used to seek review of a district court of appeal decision without opinion
This rule is applicable solely to appellate orders or decisions that address, resolve, or conclude an appeal, original proceeding, or motion for appellate attorneys' fees It does not restrict the court's inherent authority to revisit nonfinal appellate orders and decisions.
The 1977 Amendment replaces former rule 3.14, requiring that rehearing be requested through a motion rather than a petition This motion must be filed within 15 days of the decision, and responses can be served within 10 days of the motion's service The clerk will accept only one motion, and re-argument of the case's issues is not allowed.
Subdivision (c) provides expedited procedures for issuing a mandate in bond validation cases, in lieu of those prescribed by rule 9.340
Subdivision (d) makes clear that motions for rehearing or for clarification are not permitted as to any decision of the supreme court granting or denying discretionary review under rule 9.120
The 2000 Amendment serves a dual purpose by clarifying the permissible scope of motions for rehearing and clarification, specifically by removing the phrase “The motion shall not re-argue the merits of the court’s order.” While the fundamental aim of a motion for rehearing remains unchanged, it is intended to highlight points of law or fact that the court may have overlooked or misunderstood, rather than simply expressing disagreement with the court's decision Additionally, the amendment reinforces the existing prohibition against raising new issues in post-decision motions that were not previously addressed during the proceedings.
The 2002 Amendment introduces a provision permitting a party to request a written opinion from the court for potential review by the supreme court, specifically when the initial decision lacks an opinion This amendment does not limit the parties' rights to seek rehearing or clarification on different grounds.
2008 Amendment Subdivision (d) has been amended to reflect the holding in Jackson v
The 2018 Amendment expands the criteria for parties to request a written opinion after a per curiam affirmance Specifically, Subdivision (a)(2)(D)(iii)e clarifies scenarios where a particular district court of appeal holds exclusive subject matter jurisdiction by law, exemplified by the First District Court of Appeal's authority over workers' compensation cases.
DETERMINATION OF CAUSES IN A DISTRICT COURT OF APPEAL EN BANC
COURT OF APPEAL EN BANC
En banc proceedings in a district court of appeal occur when a majority of participating judges order a case to be determined by the full court The court must promptly notify the involved parties of this decision En banc panels consist of active judges and are reserved for cases of exceptional importance or to ensure uniformity in decisions A majority vote among the participating judges determines the outcome; in case of a tie, the existing panel decision stands, or if there is no panel decision, the trial court's ruling is affirmed.
In en banc proceedings conducted by subject-matter divisions of a district court of appeal, determinations are typically limited to the active judges within the assigned division, unless the chief judge decides that the case has broader implications warranting consideration by all active judges If the chief judge does not make such a determination, a majority of the active judges can vote to hear the case en banc, requiring an affirmative vote from the majority of participating judges for the final decision.
A hearing en banc can only be initiated by a district court of appeal at its own discretion; parties cannot request such a hearing Any motion submitted for an en banc hearing will be dismissed.
A rehearing en banc can be initiated by a district court of appeal either on its own initiative or at the request of a party According to rule 9.330, a party may file a motion for an en banc rehearing if the case is of exceptional importance or to ensure uniformity in the court's decisions; any other grounds for the motion will be dismissed Responses to the motion must be filed within 15 days A vote on the motion will only occur if requested by a judge from the original panel or any active judge on the court, and judges who did not participate in the initial hearing are not required to consider the motion unless a vote is requested.
A rehearing en banc is an extraordinary legal procedure, and counsel's obligations are considered fulfilled without filing a motion unless one of the specified grounds in (d)(1) is clearly satisfied If an attorney chooses to file a motion, it must include one or both of the required statements.
I express a belief, based on a reasoned and studied professional judgment, that the case or issue is of exceptional importance
I believe, based on careful professional judgment, that the panel's decision contradicts prior rulings of this court It is essential for the full court to review this matter to ensure consistency in our decisions, specifically referencing relevant case law.
A motion for rehearing en banc will be resolved through a formal order If granted, the court has the discretion to restrict the issues for rehearing, mandate the submission of supplementary briefs, request further oral arguments, or implement a combination of these measures.
1982 Amendment This rule is patterned in part after the en banc rule of the United
The Fifth and Eleventh Circuits' Court of Appeals plays a crucial role in our current appellate framework, as the Supreme Court no longer has the authority to address conflicts within districts This new structure mandates that district courts of appeal resolve disputes internally through the en banc process, leading to a definitive interpretation of the law specific to each district.
Subdivision (a) mandates that a majority vote from the active and participating members of the district court is required to schedule a case for en banc or rehearing en banc Decisions on the merits will be determined by a simple majority of judges involved in the en banc process, disregarding any recusals or absences due to illness All judges in regular active service, excluding those disqualified for cause, will form the en banc panel Counsel should note that en banc proceedings are exceptional and will only be initiated under specified circumstances The objective of maintaining uniformity in court decisions parallels the decisional conflict recognized by supreme court precedent District courts retain the autonomy to establish their own standards for decisional uniformity In the event of an en banc tie vote, it indicates a matter that should be referred to the supreme court for resolution.
Subdivision (b) provides that hearings en banc may not be sought by the litigants; such hearings may be ordered only by the district court sua sponte
Subdivision (c)(1) outlines the process for en banc rehearings, allowing litigants to request such a rehearing solely on the basis of intra-district conflicts, alongside a timely motion for rehearing under rule 9.330 Importantly, the en banc rule does not permit separate motions or mandate a distinct order from the district court Upon filing a timely motion for rehearing en banc with a traditional petition, the initial panel of three judges is obligated to review the request A vote for the entire court can be initiated by any judge on the panel, and other judges may also prompt a vote While nonpanel judges are not required to examine en banc rehearing petitions until a vote is requested, all petitions should still be circulated among them Additionally, the court retains the authority to order a rehearing en banc on its own initiative.
Subdivision (c)(2) requires a signed statement of counsel certifying a bona fide belief that an en banc hearing is necessary to ensure decisional harmony within the district
Subdivision (c)(3) aims to eliminate frivolous motions for en banc rehearings that waste judicial resources District courts will refrain from issuing orders that deny such motions If an en banc rehearing is approved, the court has the authority to request briefs from the involved parties and schedule the case for oral argument.
1992 Amendment Subdivision (c)(3) was amended to correct a linguistic error found in the original subdivision
The 1994 Amendment allows courts to have cases decided en banc within their subject-matter divisions, excluding participation from regular active judges of other divisions Typically, en banc consideration is confined to the division where the case is pending However, in exceptional circumstances, a case may be reviewed by all regular active judges if brought forth by the chief judge or through a three-fifths affirmative vote from the judges Once the case is presented en banc, a majority vote among the regular active judges will determine the outcome, as outlined in rule 9.331.
MANDATE
The clerk is responsible for issuing mandates or processes as directed by the court, typically after 15 days from an order or decision, unless otherwise specified All parties involved must receive a copy or notice of the mandate's issuance Additionally, the court has the authority to instruct the clerk to recall the mandate, but this must occur within 120 days of its issuance.
The issuance of the mandate or other processes will be extended for 15 days following the denial of a timely motion for rehearing, clarification, certification, or written opinion If the motion is granted, the extension lasts until 15 days after the complete resolution of the case.
If a reversal judgment mandates the entry of a money judgment based on a verdict, this money judgment will be recorded as effective from the date the verdict was issued.
The 1977 Amendment replaces former rule 3.15, explicitly granting the court the authority to expedite or delay the issuance of mandates, with or without a motion The section of former rule 3.15(a) concerning money judgments has been removed as it was deemed unnecessary, and the amendment does not alter the substantive law previously stated A mandatory 15-day delay in issuing mandates is established to ensure that stays remain effective in accordance with rule 9.310(e) However, this automatic delay does not apply to bond validation proceedings, which are regulated by rule 9.330(c).
1984 Amendment Subdivision (c) was added It is a repromulgation of former rule
3.15(a), which was deleted in 1977 as being unnecessary Experience proved it to be necessary.
DISMISSAL OF CAUSES
When a case in court is resolved before a final decision is made, the involved parties must promptly inform the court by submitting a signed stipulation for dismissal.
A voluntary dismissal allows an appellant or petitioner to terminate a proceeding before a decision is made by filing a notice of dismissal with the court clerk This action does not impact any related proceedings, such as joinders or cross-appeals The dismissal becomes effective 15 days after the notice of appeal is served, or 10 days after the timeline set by rule 9.110(b), whichever is later For proceedings initiated under rule 9.120, the dismissal is effective 10 days after serving the notice to invoke discretionary jurisdiction or 10 days after the timeframe outlined in rule 9.120(b), whichever is later.
(c) Clerk’s Duty When a proceeding is dismissed under this rule, the clerk of the court shall notify the clerk of the lower tribunal
The submission of a stipulation or notice of dismissal triggers an automatic stay on the related proceedings until the court issues a further order.
The 1977 Amendment to rule 3.13(a) maintains its original intent, allowing the clerk of the court to dismiss a case for the parties who have signed a stipulation of dismissal.
Subdivision (b) permits an appellant to voluntarily dismiss their appeal while ensuring that a timely perfected cross-appeal remains active This dismissal will only take effect after the deadline for joining the appeal or cross-appeal has passed This provision protects the opposing party's right to seek review of unfavorable rulings through a cross-appeal, preventing the appellant from dismissing the appeal after the appeal period has expired and before the appellee has filed their notice of joinder or cross-appeal.
Subdivision (c) retains the substance of former rule 3.13(c)
The 2014 Amendment introduces subdivision (d), which clarifies that filing a stipulation or notice of dismissal does not automatically terminate the case It establishes an automatic stay upon filing, aiming to prevent further litigation on settled matters or those intended for voluntary dismissal until the court decides whether to acknowledge the dismissal.
PARTIES
An appellee or respondent wishing to realign as an appellant or petitioner must serve a notice of joinder by the latest of the specified deadlines.
(1) within 15 days of service of a timely filed notice of appeal or petition;
(2) within the time prescribed for filing a notice of appeal; or
(3) within the time prescribed in rule 9.100(c)
To properly file a notice of joinder, it must be submitted along with the required filing fees either prior to or immediately following service The notice should clearly state the proposed new caption Once the notice is filed and the fee is paid, the clerk will update the caption to accurately represent the realignment of the parties involved.
Attorneys, representatives, and guardians ad litem in lower tribunals maintain their status in court unless officially replaced However, in cases of limited representation under Florida Family Law Rule of Procedure 12.040, their representation ends with the filing of a notice of completion.
“Termination of Limited Appearance” pursuant to rule 12.040(c)
(1) If substitution of a party is necessary for any reason, the court may so order on its own motion or that of a party
(2) Public officers as parties in their official capacities may be described by their official titles rather than by name Their successors in office shall be automatically substituted as parties
If a party involved in a legal proceeding passes away and their rights continue to exist, the court has the authority to substitute the appropriate party This substitution can occur either on the court's own initiative or at the request of any interested individual.
If an individual eligible to file a notice of appeal passes away prior to doing so, and their rights continue to exist, the notice can be submitted by their personal representative, attorney, or, in the absence of these, by any interested party.
Following filing, the proper party shall be substituted
1977 Amendment This rule is intended as a simplification of the former rules with no substantial change in practice
Subdivision (a) is a simplification of the provisions of former rule 3.11(b), with modifications recognizing the elimination of assignments of error
Subdivision (b) retains the substance of former rule 3.11(d)
Subdivision (c)(1) streamlines the process for substituting parties in appellate proceedings, aligning with the revision's goal of clearly identifying significant events and outlining the general procedures for notifying the court The resolution of these events is determined by the courts, the involved parties, applicable substantive law, and the specific circumstances of each case.
Subdivision (c)(2) is a new provision designed to eliminate the need for substitution motions when there is a change in the individual holding a public office during ongoing proceedings, ensuring that the case's title remains unchanged.
Subdivision (c)(4) introduces a new procedure designed to streamline the process and eliminate confusion when a party passes away prior to the initiation of an appellate proceeding In these instances, substitutions should be conducted in accordance with subdivision (c)(1).
The 2018 Amendment clarified that the joinder allowed under subdivision (a) is solely for realigning existing parties in an appeal The required notice remains termed a “notice of joinder” to align with the current statutory framework for fee collection Additionally, the amendment removed previous instructions that mandated filing the notice “in the same manner as the petition or notice of appeal,” ensuring that a notice of realignment is now correctly filed in court.
AMICUS CURIAE
An amicus curiae may submit a brief only with the court's permission The motion for permission must outline the movant's interest, specify the issue to be addressed, explain how the movant can aid the court in resolving the case, and indicate whether all parties agree to the submission of the amicus brief.
An amicus brief must adhere to rule 9.210(b), excluding a statement of the case and facts, and is limited to a maximum of 20 pages The cover page should clearly identify the party or parties being supported, and the brief must contain a concise statement detailing the identity of the amicus curiae and its interest in the case.
(c) Time for Service An amicus curiae must serve its brief no later than
An amicus curiae must file its brief within 10 days of the initial brief or petition, unless it supports neither party, in which case it must serve its brief within the same timeframe Courts may allow later service and set deadlines for responses from opposing parties Importantly, the filing of an amicus brief does not change the existing deadlines for the parties involved, and amicus curiae are prohibited from submitting reply briefs Additionally, permission from the court is necessary to file an amicus brief related to motions for rehearing, rehearing en banc, or certification to the supreme court.
A notice of intent to file an amicus brief in the Florida Supreme Court allows an amicus curiae to express interest in a case when a party has invoked the court's discretionary jurisdiction This notice must briefly outline the reasons for the amicus's interest without presenting any arguments and is limited to one page in length.
The 1977 Amendment updates the previous rule 3.7(k), broadening the scenarios in which amicus curiae briefs can be submitted It also acknowledges the court's authority to solicit these briefs, enhancing the role of external parties in legal proceedings.
The 2008 Amendment introduced subdivision (d), which outlines a procedure for amicus curiae to promptly notify the Supreme Court of their intent to file an amicus brief if the court accepts jurisdiction This rule does not require the Supreme Court to postpone its jurisdiction determination, emphasizing that amicus curiae should submit their notice as soon as possible after the discretionary jurisdiction notice is filed Additionally, filing a notice under subdivision (d) is optional and does not exempt amicus curiae from adhering to the requirements of subdivision (a) if the court accepts jurisdiction.
NOTICE OF RELATED CASE OR ISSUE
A party may submit a notice of related case to the court, indicating a pending case that stems from the same lower tribunal proceeding or involves a similar legal issue This notice must solely identify the related case without including any arguments and should adhere closely to the format outlined in rule 9.900(k).
COSTS AND ATTORNEYS’ FEES
(a) Costs Costs shall be taxed in favor of the prevailing party unless the court orders otherwise Taxable costs shall include:
(1) fees for filing and service of process;
(2) charges for preparation of the record and any hearing or trial transcripts necessary to determine the proceeding;
(4) other costs permitted by law
Costs must be taxed by the lower tribunal within 45 days of the court's order If a stay or recall of a mandate is issued, the lower tribunal cannot act on costs until the mandate is issued or the court provides further instructions.
(b) Attorneys’ Fees With the exception of motions filed pursuant to rule
9.410(b), a motion for attorneys’ fees shall state the grounds on which recovery is sought and shall be served not later than:
(1) in appeals, the time for service of the reply brief;
(2) in original proceedings, the time for service of the petitioner’s reply to the response to the petition;
In discretionary review proceedings initiated under rule 9.030(a)(2)(A), the timeline for submitting the respondent's jurisdictional brief is established, as well as the deadline for the reply brief if jurisdiction is acknowledged.
In discretionary review proceedings under rule 9.030(a)(2)(A)(v), parties must file their notice within five days, or if jurisdiction is accepted, they must serve the reply brief within the specified timeframe.
The assessment of attorneys’ fees may be remanded to the lower tribunal If attorneys’ fees are assessed by the court, the lower tribunal may enforce payment
(c) Review Review of orders rendered by the lower tribunal under this rule shall be by motion filed in the court within 30 days of rendition
The 1977 Amendment updates former rules 3.16(a) and (b) by defining allowable cost items based on current practices Notably, item (3) excludes bail bond premiums, while item (4) allows for future flexibility Additionally, the rule mandates that the prevailing party must file for costs in the lower tribunal within 30 days of the mandate's issuance.
Subdivision (b) preserves the essence of the previous rule 3.16(e), requiring that a motion for attorneys' fees includes a clear statement outlining the legal grounds for recovery The removal of the phrase "allowable by law" from the former rule does not grant an automatic right to the assessment of attorneys' fees unless explicitly allowed by substantive law.
Subdivision (c) updates the previous rules 3.16(c) and (d) by extending the deadline for filing a motion to review an assessment of costs or attorneys’ fees from 20 days to 30 days for decisions made by a lower tribunal under court order.
The 2018 Amendment to Subdivision (b) clarifies the time limit for filing a motion for attorneys' fees in discretionary review proceedings in the Supreme Court of Florida Unless explicitly stated otherwise in the motion, any timely request for attorneys' fees—filed before or after the acceptance of jurisdiction—will encompass fees incurred during both the jurisdiction and merits phases of the case.
1 motion per party per proceeding is contemplated.
SANCTIONS
The court may impose sanctions after providing a 10-day notice for any violations of its rules or for submitting frivolous or bad faith documents These sanctions can include reprimands, contempt, striking of briefs, dismissal of proceedings, and the imposition of costs or attorneys' fees.
In accordance with general law, parties seeking to obtain attorneys' fees as a sanction against another party or their counsel must adhere to the specified procedures outlined in these rules, regardless of any conflicting requirements.
A motion for attorneys' fees as a sanction must include an initial certificate of service in accordance with rule 9.420(d) and subdivision (b)(3), as well as a certificate of filing as specified in subdivision (b)(4) of this rule.
When filing a motion for attorneys’ fees as a sanction, it must be initially served solely on the opposing party This motion should be served by the deadline for any permitted responses to a challenged document, or within 20 days if no response is allowed Accompanying the motion, a certificate of service that meets rule 9.420(d) must be included, serving as prima facie proof of the service date Additionally, a certificate of filing as per subdivision (b)(4) should be attached but left undated and unsigned during the initial service.
If the contested document, claim, defense, contention, allegation, or denial is not retracted or properly amended within 21 days following the initial service of the motion, further action may be required.
Under Rule (b)(3), a party seeking attorneys' fees as a sanction must file their motion with the court either by the deadline for serving the reply brief or within 45 days after the initial service of the motion, whichever date is later.
The movant must serve the motion filed with the court to all parties involved A certificate of filing, adhering to the specified form and signed and dated at the time of final service, will be considered prima facie evidence of such service.
On [date], I confirm that a copy of the previously served motion has been delivered to [court] via [hand delivery/mail/other delivery source], and has also been provided to [name or names] through [hand delivery/mail/other delivery source].
A party facing sanctions can submit a response to the motion within 15 days of its final service The court has the discretion to either shorten or extend this response period.
The 1977 Amendment replaces the previous rule 3.17 and outlines the penalties or sanctions typically imposed, while not restricting the court's available sanctions A key change in this amendment is the requirement of providing the offending party with 10 days' notice prior to the imposition of any sanctions.
2010 Amendment Subdivision (b) is adopted to make rule 9.410 consistent with section
FILING; SERVICE OF COPIES; COMPUTATION OF TIME
(1) Generally Filing may be accomplished in a manner in conformity with the requirements of Florida Rule of Judicial Administration 2.525
Inmate filings by pro se individuals in custody are generally considered filed on the date stamped by the court clerk, with specific exceptions noted in the regulations.
The document is considered filed on the date the inmate hands it to an institutional official for mailing, provided the institution has a legal mail system, the inmate utilizes this system, and the date is recorded by the institution.
The document will be assumed to be filed on the date indicated in the certificate of service included within it, provided that the certificate closely follows the format outlined in subdivision (d)(1) of this rule.
(i) the institution does not have a system designed for legal mail; or
The inmate utilized the institution's legal mail system; however, this system lacks a mechanism to document the date when the inmate hands over the document to an institutional official for mailing.
All documents must be filed by a party or amicus curiae either prior to or immediately after service A copy of each document filed must be served on all parties involved before or right after filing The lower tribunal or the court, upon motion, has the authority to restrict the number of copies to be served before the record is transmitted.
The Clerk of Court is responsible for transmitting copies of all orders and decisions to all parties at the time of entry, following the service guidelines outlined in rule 9.420(c), without requiring payment for these copies Before an order or decision is entered, the court may request that the parties provide stamped, addressed envelopes for the delivery of the order or decision.
Service of all documents filed in proceedings governed by these rules, including briefs, motions, notices, responses, petitions, and appendices, must comply with Florida Rule of Judicial Administration 2.516(b) However, for petitions invoking the court's original jurisdiction under rule 9.030(a)(3), (b)(3), or (c)(3), service must be executed both via email in accordance with rule 2.516(b)(1) and in paper format as per rule 2.516(b)(2).
A certificate of service from an attorney, adhering to Florida Rule of Judicial Administration 2.516(f), along with a corresponding certificate from a pro se party, will serve as prima facie evidence of compliance with service requirements This certificate must clearly identify the party represented by each attorney involved.
I confirm that I have delivered this document to (insert name of institution official) for mailing to (insert names and addresses for service) on (date)
(2) By Other Pro Se Litigants:
I certify that a copy hereof has been furnished to (here insert name or names and addresses used for service) by (e-mail) (delivery) (mail) on
(e) Computation Computation of time shall be governed by Florida
The 1977 Amendment revises subdivision (a) by replacing the previous rule 3.4(a) and removing its final sentence as unnecessary It allows the filing of documents with a judge or justice at their discretion, emphasizing that this should only occur when essential The advisory committee advises caution, recommending that the merits of the filed documents should not be discussed This aligns with the Florida Code of Professional Responsibility and the Florida Code of Judicial Conduct.
Subdivision (b) simplifies and replaces the previous rules 3.4(b)(5) and 3.6(i)(3), maintaining the essence of the last sentence from rule 3.4(b)(5) Notably, these rules focus on service by a specific time rather than filing, with the requirement that filing must occur either before or immediately after service This shift emphasizes timely service to alleviate the difficulties faced by parties due to delays under the old rules and reduce the court's burden from extension motions related to late service It is expected that instances of tardy filing will be less common under the new rules, as parties are less likely to act in ways that would frustrate the court Subdivision (c) outlines the procedures for service and its proof.
Subdivision (d) updates the previous rule 3.4(b)(3) by stipulating that when a party or clerk must perform an action within a specified timeframe following service, an additional 5 days will be added to the deadline if the service is conducted via mail, replacing the former 3-day extension.
Subdivision (e) updates the previous rule 3.18 without significant alterations, defining "holiday" as any day the clerk's office is closed, regardless of court orders The listed holidays are included to alleviate the burden on practitioners, ensuring they do not need to verify each court's recognition of specific holidays.
The 1980 Amendment to subdivision (b) allows either the lower tribunal or the court to limit the number of copies to be served, based on a showing of good cause This may occur in situations where the number of copies is burdensome or when certain parties have no significant interest in the appeal's outcome Additionally, the availability of the original record at the clerk's office of the lower tribunal until it is due at the appellate court is an important consideration in this context.
The 2014 Amendment to Subdivision (a)(2) aligns the rule with the precedents set in Thompson v State and Haag v State, emphasizing that inmates must utilize the designated legal mail system to benefit from the mailbox rule If the system records the mailing date, that date is considered the filing date; otherwise, the filing date defaults to the date on the certificate of service, provided it meets specific criteria In cases where inmates fail to use the legal mail system or omit the certificate of service, the filing date is determined by the court clerk's stamp.
2000 Subdivision (a)(2) codifies the Florida Supreme Court’s holding in Thompson v
PROCEEDINGS BY INDIGENTS
A party eligible for an appeal without incurring costs must submit a signed application for indigent status to the clerk of the lower tribunal, using a form sanctioned by the supreme court If the application is denied, the clerk must provide written reasons, which can be reviewed by the lower tribunal Any decisions made by the lower tribunal can be contested through a motion filed in the court.
To seek a review through original proceedings under rule 9.100 without incurring costs, a party must file a motion to proceed in forma pauperis, unless directed otherwise by the court If the court grants this motion, the party is allowed to continue without needing additional applications.
(1) Presumptions In the absence of evidence to the contrary, a court may, in its discretion, presume that:
(A) assertions in an application for determination of indigent status filed by an incarcerated party under this rule are true; and
(B) in cases involving criminal or collateral criminal proceedings, an incarcerated party who has been declared indigent for purposes of proceedings in the lower tribunal remains indigent
In non-criminal proceedings, individuals who have been convicted and are incarcerated, or those held pending extradition or sentencing, must submit an application for indigent status that aligns with the supreme court's approved form for circuit court clerks The classification of the case as an appeal from a criminal or collateral proceeding is based on the issues presented rather than the petition's title Additionally, the clerk of the lower tribunal is required to collect partial prepayments of court costs or fees from the applicant, with ongoing payments until the total amount is settled.
(d) Parties in Juvenile Dependency and Termination of Parental
In dependency or parental rights termination cases, a court may assume that any party previously declared indigent by a lower tribunal continues to be indigent, unless there is evidence to suggest otherwise.
The 1977 Adoption rule outlines how indigent individuals can appeal without incurring fees or costs and without needing a bond Any adverse decisions from lower tribunals must provide written reasons for denial, allowing for a review through a motion that can be filed without fees, provided a notice is submitted However, this rule does not expand the rights of indigents regarding fee-free appeals, as such rights are determined by substantive law.
The 2008 Amendment introduced subdivision (b) to clarify the distinction between the handling of original proceedings and appeals under this rule Additionally, each subdivision was revised to align with the statutory updates to section 27.52 and the enactment of section 57.082 of the Florida Statutes, as well as the Florida Supreme Court's ruling in In re Approval of.
Application for Determination of Indigent Status Forms for Use by Clerks, 910 So 2d 194 (Fla
ATTORNEYS
Foreign attorneys who are active members in good standing of another state's bar may be allowed to represent clients in Florida proceedings, provided they adhere to Florida Rule of Judicial Administration 2.510.
Attorneys must obtain court approval to withdraw from a case, necessitating the filing of a motion that outlines the reasons for withdrawal and includes the client's address.
A copy of the motion shall be served on the client and adverse parties
The 1977 Amendment replaces the previous rule 2.3 by eliminating unnecessary subdivisions Importantly, the removal of former rule 2.3(c) does not permit research aides or secretaries to engage in the practice of law for any justice or judge, nor does it endorse actions that conflict with the ethical standards expected of these individuals.
Subdivision (a) allows foreign attorneys to file motions to appear at any time, as outlined in the Florida Bar Integration Rule By-Laws, article II, section 2 Notably, there is no stipulation that the foreign attorney must come from a jurisdiction that grants reciprocal rights to Florida Bar members Consequently, the decision to grant these motions rests solely with the court's discretion.
Subdivision (b) is intended to protect the rights of parties and attorneys, and the needs of the judicial system
This rule does not affect the right of a party to employ additional attorneys who, if members of The Florida Bar, may appear at any time
2002 Amendment The amendments to subdivision (a) are intended to make that subdivision consistent with Florida Rule of Judicial Administration 2.061, which was adopted in
2001, and the amendments to subdivision (b) are intended to make that subdivision consistent with Florida Rule of Judicial Administration 2.060(i).
ADVISORY OPINIONS TO GOVERNOR
The governor must submit a written request for an advisory opinion from the supreme court justices regarding issues related to gubernatorial powers and duties This request is to be filed with the clerk of the supreme court.
After the request is filed, the justices will promptly assess its compliance with article IV, section 1(c) of the Florida Constitution, and will then proceed accordingly.
If four justices agree that the issue does not fall under Article IV, Section 1(c) of the Florida Constitution, the governor will be promptly notified in writing, and a copy of this notification will be filed in the clerk's office.
Under article IV, section 1(c) of the Florida Constitution, the court is required to allow interested parties to present their views on relevant questions This can be done through written briefs, oral arguments, or a combination of both, in accordance with the court's procedural rules.
The justices are required to submit their opinions to the clerk's office no sooner than 10 days after the request has been filed and docketed, unless they determine that a delay could harm the public The governor will be promptly notified in writing.
1977 Amendment This rule simplifies former rule 2.1(h) without material change.
ADVISORY OPINIONS TO ATTORNEY GENERAL
The attorney general must submit a written request for an advisory opinion to the justices of the Florida Supreme Court regarding the validity of an initiative petition aimed at amending the Florida Constitution This request is to be filed with the clerk of the Supreme Court.
(b) Contents of Request In addition to the language of the proposed amendment, the request referenced in subdivision (a) must contain the following information:
(1) the name and address of the sponsor of the initiative petition;
(2) the name and address of the sponsor’s attorney, if the sponsor is represented;
(3) a statement as to whether the sponsor has obtained the requisite number of signatures on the initiative petition to have the proposed amendment put on the ballot;
If the sponsor has not gathered the necessary signatures for the initiative petition, it is important to understand the current status of the signature-collection process.
(5) the date of the election during which the sponsor is planning to submit the proposed amendment to the voters;
(6) the last possible date that the ballot for the target election can be printed in order to be ready for the election;
(7) a statement identifying the date by which the Financial Impact Statement will be filed, if the Financial Impact Statement is not filed concurrently with the request; and
(8) the names and complete mailing addresses of all of the parties who are to be served
(1) The court shall permit, subject to its rules of procedure, interested persons to be heard on the questions presented through briefs, oral argument, or both
(2) The justices shall render their opinions no later than April 1 of the year in which the initiative is to be submitted to the voters pursuant to article
XI, section 5 of the Florida Constitution
1980 Amendment This rule has been replaced in its entirety by new Rule 9.150
[The original rule 9.510 was moved to 9.150 in 1980.]
JURISDICTION OF LOWER TRIBUNAL PENDING REVIEW
Concurrent jurisdiction allows the lower tribunal to issue orders on procedural matters related to a case before the record is docketed, under the court's control Only the court can grant extensions for required actions, while clerical errors in judgments or records can be corrected by the lower tribunal independently before docketing, or with court permission afterward.
If an appeal from a final order has removed the jurisdiction of the lower tribunal, the court may issue an order allowing the lower tribunal to continue with specific matters while the appeal is ongoing.
(c) Family Law Matters In family law matters:
The lower tribunal maintains the authority to issue and enforce orders related to separate maintenance, child support, alimony, attorneys' fees, and costs for services provided within its jurisdiction This includes temporary attorneys' fees and necessary costs to support the prosecution or defense of an appeal, as well as any other awards essential for safeguarding the welfare and rights of any party during the appeal process.
In family law matters, the receipt, payment, or transfer of funds or property under a court order will not affect any party's right to appeal The lower tribunal retains the authority to impose, modify, or dissolve conditions related to these awards to safeguard the interests of all parties involved during the appeal process.
(3) Review of orders entered pursuant to this subdivision shall be by motion filed in the court within 30 days of rendition
(d) Criminal Cases The lower tribunal shall retain jurisdiction to consider motions pursuant to Florida Rules of Criminal Procedure 3.800(b)(2) and in conjunction with post-trial release pursuant to rule 9.140(h)
The 1977 Amendment outlines the jurisdiction of lower tribunals during review proceedings, excluding interlocutory appeals For cases involving interlocutory appeals, the jurisdiction is determined by rule 9.130(f).
Subdivision (b) updates the previous rule 3.8(a) by permitting the continuation of certain proceedings in the lower tribunal, as authorized by the court, without requiring a formal remand This rule aims to minimize unnecessary delays in resolving disputes.
Subdivision (c), based on the previous rule 3.8(b), grants the lower tribunal the authority to issue and enforce orders for separate maintenance, child support, alimony, temporary suit money, and attorneys’ fees, with the possibility for these orders to be reviewed through a motion.
The 1980 Amendment clarified the appellate court's primary authority over lower tribunals regarding procedural matters within their concurrent jurisdiction This change enables the appellate court to regulate the number of time extensions that a lower tribunal can grant.
1994 Amendment Subdivision (c) was amended to conform to and implement section
61.16(1), Florida Statutes (1994 Supp.), authorizing the lower tribunal to award temporary appellate attorneys’ fees, suit money, and costs
1996 Amendment New rule 9.600(d) recognizes the jurisdiction of the trial courts, while an appeal is pending, to rule on motions for post-trial release, as authorized by rule
9.140(g), and to decide motions pursuant to Florida Rule of Criminal Procedure 3.800(a), as authorized by case law such as Barber v State, 590 So 2d 527 (Fla 2d DCA 1991).
MEDIATION RULES
(a) Applicability Rules 9.700 – 9.740 apply to all appellate courts, including circuit courts exercising jurisdiction under rule 9.030(c), district courts of appeal, and the supreme court
The court has the authority to refer a case to mediation at any time, either on its own initiative or at the request of a party involved Any motion for referral submitted by a party must include a certificate confirming that the movant has consulted with the opposing counsel or unrepresented party and is authorized to represent their position.
(2) objects and cites the specific reasons for objection; or
(3) will promptly file an objection
Mediation must begin within 45 days of a court referral, unless the parties choose to delay it until after the brief filing period The mediation process should be completed within 30 days following the initial conference, although these timelines can be adjusted by court order.
Under Florida Statutes section 44.404, the timeline for processing cases is paused from the referral to mediation until its conclusion, unless otherwise directed or agreed upon by the parties The court may extend this tolling period through an administrative order Additionally, if a party files a motion for mediation within 30 days of the notice of appeal, all associated deadlines will be suspended until the court makes a ruling on the motion.
A motion to dispense with mediation can be filed within 10 days after discovering the relevant facts that justify the request.
(1) the order violates rule 9.710; or
(2) other good cause is shown.
ELIGIBILITY FOR MEDIATION
Any case filed may be referred to mediation at the discretion of the court, but under no circumstances may the following categories of actions be referred:
(a) criminal and post-conviction cases;
(b) habeas corpus and extraordinary writs;
(d) involuntary civil commitments of sexually violent predators;
(f) other matters as may be specified by administrative order.
MEDIATION PROCEDURES
In mediation involving a public entity under chapter 286, Florida Statutes, the entity is considered to appear if a representative with full negotiation authority is physically present For other parties, attendance at a mediation conference is confirmed either by the physical presence of designated individuals or their electronic appearance, provided there is mutual agreement among the parties.
(1) the party or its representative having full authority to settle without further consultation;
(2) the party’s trial or appellate counsel of record, if any If a party has more than 1 counsel, the appearance of only 1 counsel is required; and
(3) a representative of the insurance carrier for any insured party who is not such carrier’s outside counsel and who has full authority to settle without further consultation
If a party does not attend a scheduled mediation conference without valid justification, the court may impose sanctions These sanctions can be initiated by a motion from another party or by the court itself and may include various penalties against the absent party.
(1) an award of mediator and attorneys’ fees and other costs or monetary sanctions;
(3) elimination of oral argument; or
The mediator is responsible for scheduling the initial conference date after consulting with the parties, in line with the time frames specified in rule 9.700(c) They have the authority to adjourn the mediation conference as needed and can establish times for reconvening Written notification of the date, time, and location of any mediation conference must be provided to the parties, although no additional notice is necessary for those present at an adjourned conference.
(d) Control of Procedures The mediator shall at all times be in control of the procedures to be followed in the mediation
(e) Communication with Parties The mediator may meet and consult privately with any party or parties or their counsel Counsel shall be permitted to communicate privately with their clients
A "party or its representative having full authority to settle" refers to the individual with the ultimate decision-making power regarding all case issues, possessing the legal capacity to sign a binding settlement agreement on behalf of the party It is important to note that attendance at a mediation conference under this rule does not obligate any party or representative to agree to a settlement.
Each party must submit a written notice to the court and serve it to all involved parties at least 10 days before a mediation conference This notice should identify the representatives attending, whether they are party representatives or insurance carrier representatives, and confirm that these individuals possess the necessary authority as outlined by the rule.
2014 Amendment The amendment adding subdivisions (f) and (g) is intended to make this rule consistent with the November 2011 amendments to Florida Rule of Civil Procedure 1.720.
APPOINTMENT AND COMPENSATION OF THE MEDIATOR
Within 10 days of the court's referral order, parties can submit a stipulation to designate a mediator certified as an appellate mediator under Florida Rule 10.100(f) The selected mediator must be licensed to practice law in any U.S jurisdiction, unless the parties agree otherwise.
If the parties involved cannot agree on a mediator within 10 days of the referral order, the appellant must promptly inform the court The court will then appoint a certified appellate mediator, following the procedures outlined in the administrative order This mediator must be a licensed attorney in any U.S jurisdiction, unless the parties mutually decide otherwise.
A party may file a motion to disqualify a mediator for valid reasons within 10 days of discovering the grounds for disqualification This motion must be presented to the court promptly for an immediate decision If the court disqualifies the mediator, it will issue an order naming a qualified replacement Additionally, the mediation timeline will be paused while the disqualification motion is under consideration.
If the initially agreed-upon mediator is unable to serve, the parties involved can either mutually agree on a substitute mediator or have one appointed by the court, following the same process used for the original mediator.
When a mediator is appointed by the court, their compensation will be determined by the hourly rate specified in the referral order or relevant administrative order Unless there is a different agreement in place, the costs for the mediator's services will be divided among the involved parties.
The rule allows parties to exercise self-determination in choosing their preferred method of alternative dispute resolution and selecting a neutral mediator Parties can opt for a qualified non-certified appellate mediator before the court issues a referral order and may continue to seek settlement within ten days of the referral However, once they agree on a certified appellate mediator or inform the court of their inability to do so, compliance with the court’s mediation referral requires participation in a mediation session led by a supreme court certified appellate mediator.
COMPLETION OF MEDIATION
If the parties involved in mediation fail to reach an agreement, the mediator is required to notify the court of this outcome within 10 days, providing no comments or recommendations.
If a partial or final agreement is achieved, it must be documented in writing and signed by all parties involved, including their legal counsel if applicable The mediator is required to submit a report to the court within 10 days using a court-approved form.
UNIFORM CITATION SYSTEM
All legal documents, including court opinions, must adhere to specific citation rules When citations are an integral part of a sentence in the text or footnotes, they should be spelled out in full, except for case reporter citations However, abbreviated forms are acceptable when the citation stands alone in the text or footnotes.
(1) 1887–present: Fenelon v State, 594 So 2d 292 (Fla 1992)
(3) For cases not published in Southern Reporter, cite to Florida
Law Weekly: Traylor v State, 17 Fla L Weekly S42 (Fla Jan 16, 1992) If not therein, cite to the slip opinion: Medina v State, No SC00-280 (Fla Mar 14,
2002) With a slip opinion cite, citations to Westlaw: Singh v State, No SC10-
1544, 2014 WL 7463592 (Fla Dec 30, 2014), or LEXIS: Johnston v State, No SC09-839, 2010 Fla LEXIS 62 (Fla Jan 21, 2010), may also be provided
(b) Florida District Courts of Appeal
(1) Buncayo v Dribin, 533 So 2d 935 (Fla 3d DCA 1988);
Sotolongo v State, 530 So 2d 514 (Fla 2d DCA 1988)
(2) For cases not published in Southern Reporter, cite to Florida
Law Weekly: Myers v State, 16 Fla L Weekly D1507 (Fla 4th DCA June 5,
1991) If not therein, cite to the slip opinion: Fleming v State, No 1D01-2734 (Fla 1st DCA Mar 6, 2002) With a slip opinion cite, citations to Westlaw:
Williams v State, No 2D14-2438, 2014 WL 3418358 (Fla 2d DCA June 12,
2014), or LEXIS: Minakan v Husted, No 4D09-4439, 2010 Fla App LEXIS 288 (Fla 4th DCA Jan 20, 2010), may also be provided
(c) Florida Circuit Courts and County Courts
(1) Circuit Court: State v Ruoff, 17 Fla L Weekly Supp 619 (Fla 17th Cir Ct Feb 13, 2010)
(2) County Court: Gables Ins Recovery v Progressive Am Ins
Co., 22 Fla L Weekly Supp 637 (Miami-Dade Cty Ct Oct 8, 2014)
For cases not found in the Florida Law Weekly Supplement, refer to the Florida Supplement or Florida Supplement Second, such as in Whidden v Francis, 27 Fla Supp 80 (Fla 11th Cir Ct 1966) If the case is not listed there, cite it from the Florida Law Weekly.
In the case of State v Cahill, 16 Fla L Weekly C41 (Fla 19th Cir Ct Mar 5, 1991), the court addressed significant legal issues Additionally, for further reference, the slip opinion of Jones v City of Ocoee, No CVAI-93-18 (Fla 9th Cir Ct Dec 9, 1996) can be cited Furthermore, relevant citations to Westlaw include Berne v.
State, No 2006-CA-9772-O, 2009 WL 8626616 (Fla 9th Cir Ct Oct 26, 2009), or LEXIS: Alberti v Gangell, No 51-2008-CA-0198-WS/H, 2014 Fla Cir LEXIS
55 (Fla 6th Cir Ct Apr 16, 2014), may also be provided
(1) For agency final orders: Dep’t of Health v Migicovsky, No 2011-16915 (Fla Bd of Med Dec 17, 2012) (Final Order No DOH-12-2692- FOF-MQA)
(2) For decisions of the Division of Administrative Hearings: Dep’t of Fin Servs., Div of Ins Agent & Agency Servs v Pearson, No 13-4478PL (Fla
(3) To cite a case’s subsequent history at the agency and in the courts: Dep’t of Health v Sabates, No 10-9430PL (Fla DOAH June 23, 2011)
(Recommended Order), adopted with reduced penalty, No 2009-06686 (Fla Bd of Med Aug 29, 2011) (Final Order No DOH-11-2101-FOF-MQA), aff’d in part and rev’d in part, 104 So 3d 1227 (Fla 4th DCA 2012)
(4) Decisions that are not available online may be cited to an administrative law reporter as follows if published therein:
(A) Florida Administrative Law Reports: Dep’t of Health v Sabates, 34 F.A.L.R 2378 (Fla Bd of Med 2011);
(B) Florida Career Service Reporter: Arenas v Dep’t of Corr., 25 F.C.S.R 309 (Fla Pub Emp Rel Comm’n 2010);
(C) Environmental and Land Use Administrative Law Reporter: In re Riverview Pointe, Manatee Cty., 2013 E.R F.A.L.R 50 at 2 (Fla
(D) Florida Department of Revenue Tax Reporter: Technical Ass’t Advm’t 09A-049, 2009 Tax F.A.L.R 431 (Fla Dep’t of Rev 2009);
(E) Florida Public Employee Reporter: Delgado v Sch Dist of Broward Cty., 36 F.P.E.R 207 (Fla Pub Emp Rel Comm’n Gen
(F) Florida Public Service Commission Reporter: In re Nuclear Cost Recovery Clause, 2013 F.P.S.C 10:149 (Fla Pub Serv Comm’n
(G) Florida Compensation Reports: Whitney v Mercy Hosp.,
(H) Florida Division of Administrative Hearings Reports: Fla Real Estate Comm’n v Warrington, 39 F.D.O.A.H 747 (Fla Real Estate
(e) Florida Constitution When citing a provision that has been repealed, superseded, or amended, provide the year of adoption of the provision or the version thereof being cited
(1) Current Provision: Art V, §3(b)(3), Fla Const
(2) Historical provision: Art V, § 3(b)(3), Fla Const (1972)
(g) Florida Statutes Annotated When citing material other than a section of Florida Statutes, provide page numbers
(h) Florida Administrative Code When citing an administrative rule that has been repealed, superseded, or amended, provide the year of adoption of the provision or the version thereof being cited
(1) After 1956: Ch 74-177, § 5, Laws of Fla
(2) Before 1957: Ch 22000, Laws of Fla (1943)
(j) Florida Rules When citing a rule that has been repealed, superseded, or amended, provide the year of adoption of the rule or the version thereof being cited
(1) Florida Rules of Civil Procedure: Fla R Civ P 1.180
(2) Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators: Fla R Civ P.–S.V.P 4.010
(3) Florida Rules of Judicial Administration: Fla R Jud Admin 2.110
(4) Florida Rules of Criminal Procedure: Fla R Crim P 3.850
(5) Florida Probate Rules: Fla Prob R 5.120
(6) Florida Rules of Traffic Court: Fla R Traf Ct 6.165
(7) Florida Small Claims Rules: Fla Sm Cl R 7.070
(8) Florida Rules of Juvenile Procedure: Fla R Juv P 8.070
(9) Florida Rules of Appellate Procedure: Fla R App P 9.100
(10) Florida Rules for Certified and Court-Appointed Mediators: Fla R Med 10.100
(11) Florida Rules for Court-Appointed Arbitrators: Fla R Arb 11.010
(12) Florida Family Law Rules of Procedure: Fla Fam L R P 12.010
(13) Rules Regulating the Florida Bar: R Regulating Fla Bar 4- 1.10
(14) Code of Judicial Conduct: Fla Code Jud Conduct, Canon 4B
(15) Florida Bar Foundation Bylaws: Fla Bar Found Bylaws, art 2.19(b)
(16) Florida Bar Foundation Charter: Fla Bar Found Charter, art III, § 3.4
(17) Integration Rule of the Florida Bar: Fla Bar Integr R., art XI, §11.09
(18) Florida Judicial Qualifications Commission Rules: Fla Jud Qual Comm’n R 9
(19) Florida Standard Jury Instructions, Civil: Fla Std Jury Instr (Civ.) 601.4
(20) Florida Standard Jury Instructions, Contract and Business: Fla Std Jury Instr (Cont & Bus.) 416.12
(21) Florida Standard Jury Instructions, Criminal: Fla Std Jury Instr (Crim.) 3.7
(22) Florida Standards for Imposing Lawyer Sanctions: Fla Stds Imposing Law Sancs 9.32(a)
(23) Rules of the Supreme Court Relating to Admissions to the Bar: Fla Bar Admiss R 3-23.1
When citing Supreme Court opinions, refer to United States Reports if available; if not, use the Supreme Court Reporter For opinions that are unpublished in these sources, cite them as Florida Law Weekly Federal, such as California v Hodari D., 13 Fla L Weekly Fed S249 (U.S Apr 23, 1991) If the opinion is not found in these resources, cite the slip opinion, such as Upper Skagit.
Indian Tribe v Lundgren, No 17-387 (U.S May 21, 2018) With a slip opinion cite, citations to Westlaw: Upper Skagit Indian Tribe v Lundgren, No 17-387,
2018 WL 2292445 (U.S May 21, 2018), or LEXIS: Upper Skagit Indian Tribe v
Lundgren, No 17-387, 2018 U.S LEXIS 3085 (U.S May 21, 2018), may also be provided
(1) Gulf Oil Corp v Bivins, 276 F.2d 753 (5th Cir 1960)
(2) For cases not published in Federal Reporter, cite to Florida
Law Weekly Federal: Cunningham v Zant, 13 Fla L Weekly Fed C591 (11th Cir
March 27, 1991) If not therein, cite to Federal Appendix: Evans v McDonald, 313
F App’x 256 (11th Cir 2009) If not therein, cite to the slip opinion: Airtran
Airways, Inc v Elem, No 13-14912 (11th Cir Sept 23, 2014) With a slip opinion cite, citations to Westlaw: Murphy v Dulay, No 13-14637, 2014 WL
5072710 (11th Cir Oct 10, 2014), or LEXIS: Murphy v Dulay, No 13-14637,
2014 U.S App LEXIS 19311 (11th Cir Oct 10, 2014), may also be provided
(2) For cases not published in the Federal Supplement, cite to
Florida Law Weekly Federal: Wasko v Dugger, 13 Fla L Weekly Fed D183
(S.D Fla Apr 2, 1991) If not therein, cite to the slip opinion: Slay v Hess, No 5:14-cv-264 (N.D Fla Oct 10, 2014) With a slip opinion cite, citations to
Westlaw: Taylor v Bradshaw, No 11-80911-CIV, 2014 WL 5325291 (S.D Fla Oct 7, 2014), or LEXIS: Taylor v Bradshaw, No 11-80911-CIV, 2014 U.S Dist LEXIS 148468 (S.D Fla Oct 7, 2014), may also be provided
All other citations must adhere to the format specified in the latest edition of The Bluebook: A Uniform System of Citation, published by The Harvard Law Review Association in Cambridge, MA Any citations not addressed by this rule or The Bluebook should follow the prescribed format outlined elsewhere.
Florida Style Manual (available at www.law.fsu.edu/lawreview/florida-style- manual) published by the Florida State University Law Review, Tallahassee, FL
(q) Case Names Case names shall be underscored or italicized in text and in footnotes
In 1977, a new rule was adopted to standardize appellate practice and alleviate the burdens on the courts It emphasizes the responsibility of litigants and their counsel to support the judicial system by utilizing standardized citation forms However, the use of these citation forms is not mandatory.
1992 Amendment Rule 9.800 was updated to reflect changes in the available reporters
Additionally, the citations to new rules have been added and citations to rules no longer in use have been deleted
2011 Amendment Subdivision (d)(3) was revised and subdivisions (d)(4) and (d)(5) were added to reflect changes in how agencies are publishing their decisions Section
In 2008, Florida Statutes § 120.53(2)(a) was amended to permit agencies to electronically send their decisions to the Division of Administrative Hearings for publication on its website, rather than in an official reporter Both recommended and final orders from cases adjudicated by the Division can be accessed at www.doah.state.fl.us, as outlined in § 120.57(1)(m), Fla Stat For cases not handled by the Division, final orders should be obtainable directly from the issuing agency.
FORMS
IN THE (NAME OF THE LOWER TRIBUNAL WHOSE ORDER IS TO BE REVIEWED)
NOTICE IS GIVEN that , Defendant/Appellant, appeals to the (name of court that has appellate jurisdiction) , the order of this court rendered [see rule 9.020(h)]
On (date), conformed copies of the orders specified in the notice of appeal must be attached in accordance with rules 9.110(d) and 9.160(c) This pertains to a final order, which is characterized by (state nature of the order).
Attorney for (name of party)
(address, e-mail address, and phone number)
IN THE (NAME OF THE LOWER TRIBUNAL WHOSE ORDER IS TO BE REVIEWED)
NOTICE IS GIVEN that , Plaintiff/Cross-Appellant, appeals to the
(name of court that has appellate jurisdiction) , the order of this court rendered [see rule 9.020(h)] (date) The nature of the order is a final order (state nature of the order)
Attorney for (name of party)
(address, e-mail address, and phone number)
(c) Notice of Appeal of Nonfinal Order
(1) Notice of Appeal of Nonfinal Order
IN THE (NAME OF THE LOWER TRIBUNAL WHOSE ORDER IS TO BE REVIEWED)
NOTICE IS GIVEN that , Defendant/Appellant, appeals to the
The appellate court, as specified under rule 9.020(h), issued an order on [date] Conformed copies of the orders referenced in the notice of appeal must be attached in compliance with rules 9.110(d), 9.130(c), and 9.160(c) This order is categorized as a nonfinal order, specifically relating to [state nature of the order].
Attorney for (name of party)
(address, e-mail address, and phone number)
(2) Notice of Cross-Appeal of Nonfinal Order
IN THE (NAME OF THE LOWER TRIBUNAL WHOSE ORDER IS TO BE REVIEWED)
) v ) NOTICE OF CROSS-APPEAL OF A
NOTICE IS HEREBY GIVEN that the Plaintiff/Cross-Appellant appeals to the [name of court with appellate jurisdiction] regarding the order issued by this court on [date] This order is classified as a nonfinal order, specifically concerning [state nature of the order].
Attorney for (name of party)
(address, e-mail address, and phone number)
(d) Notice to Invoke Discretionary Jurisdiction of Supreme Court
IN THE DISTRICT COURT OF APPEAL OF FLORIDA,
Notice is hereby provided that the Defendant/Petitioner seeks the discretionary jurisdiction of the Supreme Court to review the ruling made by this court on [insert date] This decision is subject to Supreme Court jurisdiction as outlined in rule 9.020(i), due to [state the reasons why the decision falls under the Supreme Court's jurisdiction].
Attorney for (name of party)
(address, e-mail address, and phone number)
The article outlines key choices regarding legal provisions, including: a) validating a state statute; b) interpreting constitutional provisions; c) impacting a specific group of constitutional or state officers; d) conflicting with rulings from other district courts of appeal or the supreme court on the same legal issue; e) addressing questions deemed of significant public importance; and f) being certified as conflicting with decisions from other district courts of appeal, as specified in rule 9.030(a)(2)(A).
IN THE (NAME OF AGENCY, OFFICER, BOARD, COMMISSION,
OR BODY WHOSE ORDER IS TO BE REVIEWED)
Notice is hereby given that the Appellant is appealing to the [name of court with appellate jurisdiction] regarding the order issued by [name of agency, officer, board, commission, or body whose order is to be reviewed] on [date] Conformed copies of the orders referenced in the notice of appeal will be attached as per rules 9.110(d) and 9.130(c) The order in question pertains to [state nature of the order].
Attorney for (name of party)
(address, e-mail address, and phone number)
(f) Notice of Appeal of an Order Dismissing a Petition for a Judicial Waiver of Parental Notice of Termination of Pregnancy and Advisory Notice to Minor
IN THE CIRCUIT COURT FOR THE
JUDICIAL CIRCUIT (NUMERICAL DESIGNATION OF THE CIRCUIT) IN AND FOR
In re: Petition for a Judicial )
Waiver of Parental Notice of )
NOTICE IS HEREBY GIVEN that (your pseudonym or initials) is appealing to the (District Court of Appeal with appellate jurisdiction) regarding the final order issued on (enter the date that the order was filed on the clerk’s docket) , which dismissed a petition for a judicial waiver of parental notice for termination of pregnancy [See rule 9.020(h)].
(As signed on your petition for judicial waiver if you are representing yourself) Date:
(pseudonym or initials of appellant) (address, e-mail address, and phone number of attorney) Florida Bar No
ADVISORY NOTICE TO THE MINOR YOU ARE NOTIFIED AS FOLLOWS:
You have the right to appeal the decision that dismissed your petition for a judicial waiver regarding parental notice for terminating a pregnancy, and there is no filing fee required for this appeal.
To appeal a decision, you must submit a notice of appeal using the designated form (Fla R App P 9.900(f)), which will accompany the order dismissing your petition Ensure that all fields on the form are completed with the required information If you require help filling out the form, the clerk of the circuit court is available to assist you.
To initiate an appeal, you must submit the notice of appeal to the clerk of the circuit court that handled your case This notice must be filed within thirty (30) days following the filing of the judge's written order that dismissed your petition Failing to file within this timeframe will result in your appeal not being considered.
To initiate your appeal, the only required document is the notice of appeal You can also file motions to request permission for submitting a brief or to seek an oral argument Any additional motions or documents related to your appeal, aside from the notice of appeal, must be submitted directly to the appellate court.
The District Court of Appeal
(address of the District Court)
(Note: The clerk of the circuit court will fill in the blanks above with the appropriate court information)
If you wish to have legal representation for your appeal, you must inform the judge who oversaw your petition for a judicial waiver regarding parental notification for termination of pregnancy Requesting a lawyer to be appointed is essential in this process.
IN THE (NAME OF THE LOWER TRIBUNAL WHOSE ORDER IS TO
Plaintiff/Appellant, , directs the clerk to (include/exclude) the following items (in/from) the record described in rule 9.200(a)(1):
Note: This form is necessary only if a party does not wish to rely on the record that will be automatically prepared by the clerk under rule 9.200(a)(1)
(h) Designation to Approved Court Reporter, Civil Court Reporter, or
IN THE (NAME OF THE LOWER TRIBUNAL WHOSE ORDER IS TO
Plaintiff/Appellant, ) DESIGNATION TO APPROVED COURT
) REPORTER, CIVIL COURT REPORTER, v ) OR APPROVED TRANSCRIPTIONIST,
The Plaintiff/Appellant submits this Designation to an Approved Court Reporter, Civil Court Reporter, or Approved Transcriptionist, instructing them to transcribe specific sections of the trial proceedings for use in this appeal For cases exempt from electronic mail service under the Florida Rules of Judicial Administration, please provide paper copies of the transcripts in physical format.
1 The entire trial proceedings recorded by the reporter on (date) , before the
2 [Indicate all other portions of reported proceedings.]
The designated court reporter or approved transcriptionist must file the original document with the clerk of the lower tribunal and provide a copy to each specified recipient.
I, the counsel for the appellant, confirm that I have established satisfactory financial arrangements with the approved court reporter or transcriptionist for the preparation of the transcript Additionally, I have served a designation to the approved court reporter or transcriptionist.
Attorney for (name of party)
(address, e-mail address, and phone number)
II APPROVED COURT REPORTER’S, CIVIL COURT REPORTER’S, OR
1 The foregoing designation was served on (date) , and received on
2 Satisfactory arrangements have ( ) have not ( ) been made for payment of the transcript cost These financial arrangements were completed on (date)
3 Number of trial or hearing days
4 Estimated number of transcript pages
5a The transcript will be available within 30 days of service of the foregoing designation and will be filed on or before (date)