In Re: Amendments to the Florida Rules of Appellate Procedure
Supreme Court of Florida
In Re: Amendments to the Florida Rules of Appellate Procedure
Opinion
Supreme Court of Florida
____________
No. SC2023-0033
____________
IN RE: AMENDMENTS TO THE FLORIDA RULES OF APPELLATE
PROCEDURE.
August 31, 2023
PER CURIAM.
This matter is before the Court for the consideration of
proposed amendments to the Florida Rules of Appellate Procedure.
See Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1). We have
jurisdiction. See art. V, § 2(a), Fla. Const.
The Florida Bar’s Appellate Court Rules Committee filed a
report proposing amendments to rules 9.030 (Jurisdiction of
Courts), 9.040 (General Provisions), 9.100 (Original Proceedings),
9.110 (Appeal Proceedings to Review Final Orders of Lower
Tribunals and Orders Granting New Trial in Jury and Nonjury
Cases), 9.120 (Discretionary Proceedings to Review Decisions of
District Courts of Appeal), 9.130 (Proceedings to Review Nonfinal
Orders and Specified Final Orders), 9.160 (Discretionary
Proceedings to Review Decisions of County Courts), 9.170 (Appeal
Proceedings in Probate and Guardianship Cases), 9.360 (Parties),
and 9.430 (Proceedings by Indigents). Both the Committee and the
Board of Governors of The Florida Bar approved the proposed
amendments. The Committee published its proposals for comment
before filing its report with the Court. No comments were received
by the Committee, and no comments were received by the Court
following publication by the Court in the March 1, 2023, edition of
The Florida Bar News.
After considering the Committee’s proposals, we adopt the
Committee’s amendments as proposed, except for the proposed
amendments to rules 9.030(a)(1), 9.030(b)(1), and 9.030(c)(1), which
we decline to adopt, and to rule 9.360(a), which we adopt with
modifications. We discuss the rule amendments below.
In general, revisions are made throughout the subject rules to
simplify language consistent with In re Guidelines for Rules
Submissions, Fla. Admin. Order No. AOSC22-78 (Fla. Oct. 24,
2022). Such changes include updating “shall” to “must” or “will,”
updating “prior to” to “before,” and updating “pursuant to” to
“under.” We decline to adopt these proposed changes only for
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subdivisons (a)(1), (b)(1), and (c)(1) of rule 9.030, because doing so
would create conflict between the text of these rules and the Florida
Constitution. 1
In addition, to maintain consistency, we amend the rules
where applicable with these terms: “clerk of the circuit court” is
used where the circuit court is the lower tribunal; “clerk of the
district court of appeal” is used where the district court of appeal is
the lower tribunal; “clerk of the lower tribunal” is used where the
lower tribunal could be the county court, circuit court, an
administrative agency, or even the district court of appeal; and
“clerk of the court” is used where the clerk being referenced is the
clerk of the appellate court. And also where applicable, the rules
are amended to remove language providing that an appellate court’s
jurisdiction must be invoked by filing the notice with “any filing fees
1. The Committee’s proposal recommends changing “shall” to
“must” in these three subdivisions. But article V of the Florida
Constitution uses “shall” instead of “must” when setting out the
mandatory appellate jurisdiction of Florida courts. See art. V, §§
3(b)(1)-(2), 4(b)(1)-(2), 5(b), Fla. Const. In this circumstance, and
those like it that may arise in the future, the text of a procedural
rule should match the constitutional text, even if our Guidelines
suggest otherwise.
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prescribed by law, with the clerk of the lower tribunal,” because, as
clarified in rule 9.040, filing fee defects are not jurisdictional.
Subdivision (b)(4) of rule 9.030 is amended to conform with
section 34.017(1), Florida Statutes, to clarify that district courts of
appeal, in their discretion, may review by appeal final county court
orders, otherwise appealable to the circuit court, when the county
court certifies that the order may involve a question of statewide
application, which is either of great public importance or will affect
the uniform administration of justice. Comparable changes are also
made to rule 9.160.
Next, subdivision (e) of rule 9.130 is amended to correct a
discrepancy between the filing deadlines for serving the initial brief
in a nonfinal appeal and the deadline for serving a notice of intent
to cross-appeal. Under the current rule, effective in 2019, both
deadlines fall on the same day: fifteen days after the filing of the
notice of appeal. Subdivision (e) is amended to add back the five-
day buffer that was previously built in before subdivision (g) was
amended to increase from ten to fifteen days the deadline for
appellees to serve the notice of intent to cross-appeal following
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service of the notice of appeal. See In re Amends. to Fla. Rules of
Civ. Proc., 257 So. 3d 66, 69 (Fla. 2018).
Lastly, with modification to the Committee’s proposal, we
amend rule 9.360. In subdivision (a), we clarify that a notice of
joinder for realignment must be filed in the appellate court by
adding the phrase “in the appellate court” to the provision. This
clarification should eliminate a party’s need to cross-reference other
rules to determine in which court a party needs to file a notice of
joinder.
Accordingly, the Florida Rules of Appellate Procedure are
amended as reflected in the appendix to this opinion. New
language is indicated by underscoring; deletions are indicated by
struck-through type. The amendments will become effective on
January 1, 2024, at 12:01 a.m.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Appellate Procedure
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Elaine D. Walter, Chair, Appellate Court Rules Committee, Miami,
Florida, Hon. Andrew D. Manko, Past Chair, Appellate Court Rules
Committee, Tallahassee, Florida, Joshua E. Doyle, Executive
Director, The Florida Bar, Tallahassee, Florida, and Heather Savage
Telfer, Bar Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
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APPENDIX
RULE 9.030. JURISDICTION OF COURTS
(a) [No changes]
(b) Jurisdiction of District Courts of Appeal.
(1)-(3) [No changes]
(4) Discretionary Review.10 District courts of appeal, in
their discretion, may review by appeal final orders of the county
court, otherwise appealable to the circuit court by general law, that
the county court has certified to beinvolve a question that may have
statewide application and that:
(A) is of great public importance; or
(B) will affect the uniform administration of
justice.
(c) [No changes]
Committee Notes
[No changes]
RULE 9.040. GENERAL PROVISIONS
(a) Complete Determination. In all proceedings a court
shallwill have such jurisdiction as may be necessary for a complete
determination of the cause.
(b) Forum.
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(1) If a proceeding is commenced in an inappropriate
court, that court shallwill 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:
(A) After rendition of an order transferring venue,
the appropriate court to review the nonfinal venue order, all other
reviewable nonfinal orders rendered prior tobefore or
simultaneously with the venue order, any order staying, vacating,
or modifying the transfer of venue order, or an order dismissing a
cause for failure to pay venue transfer fees, is the court that would
review nonfinal orders in the cause, had venue not been
transferred.
(B) [No changes]
(C) The clerk of the lower tribunal whose order is
being reviewed shallwill perform the procedures required by these
provisions regarding transfer of venue, including accepting and
filing a notice of appeal. If necessary to facilitate nonfinal review,
after an order transferring venue has been rendered, the clerk of the
lower tribunal shallmust copy and retain such portions of the
record as are necessary for review of the nonfinal order. If the file of
the cause has been transferred to the transferee tribunal before the
notice of appeal is filed in the transferring tribunal, the clerk of the
transferee tribunal shallmust copy and transmit to the transferring
tribunal such portions of the record as are necessary for review of
the nonfinal order.
(c) Remedy. If a party seeks an improper remedy, the cause
shallmust be treated as if the proper remedy had been sought;
provided that it shallwill not be the responsibility of the court to
seek the proper remedy.
(d)-(e) [No changes]
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(f) Filing Fees and other Non-Jurisdictional Matters.
Filing fees may be paid by check or money orderany method
accepted by the clerk or the court. Failure to submit filing fees
timely or timely file additional copies of notices, petitions, or orders
designated in the notice of appeal will not be jurisdictional; provided
that such failure may be the subject of appropriate sanction.
(g) Clerks’ Duties. On filing of a notice prescribed by these
rules, the clerk of the lower tribunal shallmust forthwith transmit
the fee and a certified copy of the notice, showing the date of filing,
to the court. If jurisdiction has been invoked under rule
9.030(a)(2)(A)(v) or (a)(2)(A)(vi), or if a certificate has been issued by
a district court of appeal under rule 9.030(a)(2)(B), the clerk of the
district court of appeal shallmust transmit copies of the certificate
and decision or order and any suggestion, replies, or appendices
with the certified copy of the notice. Notices to review final orders of
county and circuit courts in civil cases shallmust be recorded.
(h) Non-Jurisdictional Matters. Failure of a clerk or a party
timely to file fees or additional copies of notices or petitions or the
conformed copy of the order or orders designated in the notice of
appeal shall not be jurisdictional; provided that such failure may be
the subject of appropriate sanction.
(i) Requests to Determine Confidentiality of Appellate
Court Records. Requests to determine the confidentiality of
appellate records are governed by Florida Rule of General Practice
and Judicial Administration 2.420.
(ji) Public Availability of Written Opinions. Except for
written opinions determined to be confidential under Florida Rule of
General Practice and Judicial Administration 2.420, the court
shallmust make publicly available on the court’s website all written
opinions entered on an appeal or petition. Each written opinion
made publicly available shallmust be text searchable and in a
Portable Document Format (“PDF”).
Committee Notes
[No changes]
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RULE 9.100. ORIGINAL PROCEEDINGS
(a) [No changes]
(b) Commencement; Parties. The original jurisdiction of the
court shallmust be invoked by filing a petition, accompanied by any
filing fees prescribed by law, with the clerk of the court having
jurisdiction. The parties to the proceeding shallwill be as follows:
(1) If the petition seeks review of an order entered by a
lower tribunal, all parties to the proceeding in the lower tribunal
who are not named as petitioners shallwill be named as
respondents.
(2) If the original jurisdiction of the court is invoked to
enforce a private right, the proceedings shallwill not be brought on
the relation of the state.
(3) The following officials shallmust not be named as
respondents to a petition, but a copy of the petition shallmust be
served on the official who issued the order that is the subject of the
petition:
(A) judges of lower tribunals shallmust not be
named as respondents to petitions for certiorari;
(B) individual members of agencies, boards, and
commissions of local governments shallmust 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, shallmust 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
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shallmust be filed within 30 days of rendition of the order to be
reviewed:
(1)-(4) [No changes]
(d) Orders Excluding or Granting Access to Press or
Public.
(1) A petition to review an order excluding the press or
public from, or granting the press or public access to, any
proceeding, any part of a proceeding, or any records of the judicial
branch, shallmust be filed in the court as soon as practicable
following rendition of the order to be reviewed, if written, or
announcement of the order to be reviewed, if oral, but no later than
30 days after rendition of the order. A copy of the petition shallmust
be furnished to the person (or chairperson of the collegial
administrative agency) issuing the order, the parties to the
proceeding, and any affected non-parties, as defined in Florida Rule
of General Practice and Judicial Administration 2.420.
(2) The court shallmust immediately consider the
petition to determine whether a stay of proceedings in the lower
tribunal or the order under review is appropriate and, on its own
motion or that of any party, the court may order a stay on such
conditions as may be appropriate. Any motion to stay an order
granting access to a proceeding, any part of a proceeding, or any
records of the judicial branch made under this subdivision must
include a signed certification by the movant that the motion is
made in good faith and is supported by a sound factual and legal
basis. Pending the court’s ruling on the motion to stay, the clerk of
the court and the lower tribunal shallmust treat as confidential
those proceedings or those records of the judicial branch that are
the subject of the motion to stay.
(3) Review of orders under this subdivision shallmust
be expedited.
(e) Petitions for Writs of Mandamus and Prohibition
Directed to a Judge or Lower Tribunal. When a petition for a writ
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of mandamus or prohibition seeks a writ directed to a judge or
lower tribunal, the following procedures apply:
(1) Caption. The name of the judge or lower tribunal
shallmust be omitted from the caption. The caption shallmust bear
the name of the petitioner and other parties to the proceeding in the
lower tribunal who are not petitioners shallmust be named in the
caption as respondents.
(2) [No changes]
(3) Response. Following the issuance of an order
pursuant to subdivision (h), the responsibility for responding to a
petition is that of the litigant opposing the relief requested in the
petition. Unless otherwise specifically ordered, the judge or lower
tribunal has no obligation to file a response. The judge or lower
tribunal retains the discretion to file a separate response should the
judge or lower tribunal choose to do so. The absence of a separate
response by the judge or lower tribunal shallwill not be deemed to
admit the allegations of the petition.
(f) Review Proceedings in Circuit Court.
(1) [No changes]
(2) Caption. The caption shallmust contain a statement
that the petition is filed pursuant to this subdivision.
(3) Duties of the Circuit Court Clerk of the Circuit Court.
When a petition prescribed by this subdivision is filed, the circuit
court clerk of the circuit court shallmust forthwith transmit the
petition to the administrative judge of the appellate division, or
other appellate judge or judges as prescribed by administrative
order, for a determination as to whether an order to show cause
should be issued.
(4) Default. The clerk of the circuit court shallwill not
enter a default in a proceeding where a petition has been filed
pursuant to this subdivision.
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(g) Petition. The petition must be accompanied by any
required filing fee except as provided in rule 9.430 for proceedings
by indigents. The caption shallmust contain the name of the court
and the name and designation of all parties on each side. The
petition shallmust not exceed 13,000 words if computer-generated
or 50 pages if handwritten or typewritten and shallmust contain:
(1)-(4) [No changes]
If the petition seeks an order directed to a lower tribunal, the
petition shallmust be accompanied by an appendix as prescribed by
rule 9.220, and the petition shall contain references to the
appropriate pages of the supporting appendix.
(h) Order to Show Cause. If the petition demonstrates a
preliminary basis for relief, a departure from the essential
requirements of law that will cause material injury for which there
is no adequate remedy by appeal, or that review of final
administrative action would not provide an adequate remedy, the
court may issue an order either directing the respondent to show
cause, within the time set by the court, why relief should not be
granted or directing the respondent to otherwise file, within the
time set by the court, a response to the petition. In prohibition
proceedings, the issuance of an order directing the respondent to
show cause shallwill stay further proceedings in the lower tribunal.
(i) Record. A record shallmust not be transmitted to the
court unless ordered.
(j) Response. Within the time set by the court, the
respondent may serve a response, which shallmust not exceed
13,000 words if computer-generated or 50 pages if handwritten or
typewritten and which shallmust include argument in support of
the response, appropriate citations of authority, and references to
the appropriate pages of the supporting appendices.
(k) Reply. Within 30 days thereafter or such other time set
by the court, the petitioner may serve a reply, which shallmust not
exceed 4,000 words if computer-generated or 15 pages if
handwritten or typewritten, and supplemental appendix.
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Committee Notes
[No changes]
Court Commentary
[No changes]
RULE 9.110. APPEAL PROCEEDINGS TO REVIEW FINAL
ORDERS OF LOWER TRIBUNALS AND ORDERS
GRANTING NEW TRIAL IN JURY AND NONJURY
CASES
(a) [No changes]
(b) Commencement. Jurisdiction of the court under this
rule shallmust be invoked by filing a notice, accompanied by any
filing fees prescribed by law, with the clerk of the lower tribunal
within 30 days of rendition of the order to be reviewed, except as
provided in rule 9.140(c)(3).
(c) Exception; Administrative Action. In an appeal to
review final orders of lower administrative tribunals, the appellant
shallmust file the notice with the clerk of the lower administrative
tribunal within 30 days of rendition of the order to be reviewed, and
shallmust also file a copy of the notice, accompanied by any filing
fees prescribed by law, with the clerk of the court.
(d) Notice of Appeal. The notice of appeal shallmust be
substantially in the form prescribed by rule 9.900(a). The caption
shallmust contain the name of the lower tribunal, the name and
designation of at least 1 party on each side, and the case number in
the lower tribunal. The notice shallmust contain the name of the
court to which the appeal is taken, the date of rendition, and the
nature of the order to be reviewed. Except in criminal cases, a
conformed copy of the order or orders designated in the notice of
appeal shallmust be attached to the notice together with any order
entered on a timely motion postponing rendition of the order or
orders appealed. If a motion postponing rendition pursuant tounder
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rule 9.020(h) is pending when the notice of appeal is filed, the
notice of appeal shallmust indicate the pendency of such a motion
and the date it was filed. Within 10 days of either withdrawal of
such a motion or rendition of the order being appealed, the
appellant shallmust file in the court a notice indicating that the
motion has been withdrawn or a conformed copy of the signed,
written order disposing of the motion postponing rendition. The
notice must be accompanied by any required filing fee except as
provided in rule 9.430 for proceedings by indigents.
(e) Record. Within 50 days of filing the notice, the clerk of
the lower tribunal shallmust prepare the record prescribed by rule
9.200 and serve copies of the index on all parties. Within 60 days of
filing the notice, the clerk of the lower tribunal shallmust
electronically transmit the record to the court or file a notice of
inability to complete or transmit the record, specifying the reason.
Any notice filed shallmust be served on all parties and, as
necessary, on any court reporter.
(f) Briefs. The appellant’s initial brief shallmust be served
within 70 days of filing the notice. Additional briefs shallmust be
served as prescribed by rule 9.210.
(g) Cross-Appeal. An appellee may cross-appeal by serving a
notice within 15 days of service of the appellant’s timely filed notice
of appeal or within the time prescribed for filing a notice of appeal,
whichever is later. The notice of cross-appeal, accompanied by any
filing fees prescribed by law, shallmust be filed either before service
or immediately thereafter in the same manner as the notice of
appeal. The notice of cross-appeal must be accompanied by any
required filing fee except as provided in rule 9.430 for proceedings
by indigents.
(h) [No changes]
(i) Exception; Bond Validation Proceedings. If the appeal
is from an order in a proceeding to validate bonds or certificates of
indebtedness, the record shallwill not be transmitted unless ordered
by the supreme court. The appellant’s initial brief, accompanied by
an appendix as prescribed by rule 9.220, shallmust be served
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within 20 days of filing the notice. Additional briefs shallmust be
served as prescribed by rule 9.210.
(j) Exception; Appeal Proceedings from District Courts of
Appeal. If the appeal is from an order of a district court of appeal,
the clerk of the district court of appeal shallmust electronically
transmit the record to the court within 60 days of filing the notice.
The appellant’s initial brief shallmust be served within 20 days of
filing the notice. Additional briefs shallmust be served as prescribed
by rule 9.210.
(k) [No changes]
(l) Premature Appeals. Except as provided in rule 9.020(h),
if a notice of appeal is filed before rendition of a final order, the
appeal shallwill be subject to dismissal as premature. However, the
lower tribunal retains jurisdiction to render a final order, and if a
final order is rendered before dismissal of the premature appeal, the
premature notice of appeal shallwill be considered effective to vest
jurisdiction in the court to review the final order. Before dismissal,
the court in its discretion may grant the parties additional time to
obtain a final order from the lower tribunal.
(m) [No changes]
Committee Notes
[No changes]
Court Commentary
[No changes]
RULE 9.120. DISCRETIONARY PROCEEDINGS TO REVIEW
DECISIONS OF DISTRICT COURTS OF APPEAL
(a) [No changes]
(b) Commencement. The jurisdiction of the supreme court
described in rule 9.030(a)(2)(A) shallmust be invoked by filing a
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notice, accompanied by any filing fees prescribed by law, with the
clerk of the district court of appeal within 30 days of rendition of
the order to be reviewed.
(c) Notice. The notice shallmust be substantially in the form
prescribed by rule 9.900. The caption shallmust contain the name
of the lower tribunal, the name and designation of at least 1 party
on each side, and the case number in the lower tribunal. The notice
shallmust contain the date of rendition of the order to be reviewed
and the basis for invoking the jurisdiction of the supreme court.
The notice must be accompanied by any required filing fee except as
provided in rule 9.430 for proceedings by indigents.
(d) Briefs on Jurisdiction. The petitioner’s brief, with the
argument section limited solely to the issue of the supreme court’s
jurisdiction, and accompanied by an appendix containing only a
conformed copy of the decision of the district court of appeal,
shallmust be served within 10 days of filing the notice to invoke the
court’s discretionary jurisdiction. The respondent’s brief on
jurisdiction shallmust be served within 30 days after service of
petitioner’s brief. Formal requirements for both briefs are specified
in rule 9.210. No reply brief shallwill be permitted.
(e) Accepting or Postponing Decision on Jurisdiction;
Record. If the supreme court accepts or postpones decision on
jurisdiction, the court shallwill so order and advise the parties and
the clerk of the district court of appeal. Within 25 days thereafter or
such other time set by the court, the clerk of the district court of
appeal shallmust electronically transmit the record. The clerk of the
district court of appeal shallmust transmit separate Portable
Document Format (“PDF”) files of:
(1)-(3) [No changes]
(f) [No changes]
(g) Briefs on Merits. Within 35 days of rendition of the
order accepting or postponing decision on jurisdiction, the
petitioner shallmust serve the initial brief on the merits. Additional
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briefs, including any briefs on cross-review, shallmust be served as
prescribed by rule 9.210.
Committee Notes
[No changes]
RULE 9.130. PROCEEDINGS TO REVIEW NONFINAL ORDERS
AND SPECIFIED FINAL ORDERS
(a) [No changes]
(b) Commencement. Jurisdiction of the court under
subdivisions (a)(3)–(a)(5) of this rule shall be invoked by filing a
notice, accompanied by any filing fees prescribed by law, with the
clerk of the lower tribunal within 30 days of rendition of the order to
be reviewed.
(c) Notice. The notice, designated as a notice of appeal of
nonfinal order, shall be substantially in the form prescribed by rule
9.900(c). Except in criminal cases, a conformed copy of the order or
orders designated in the notice of appeal shall be attached to the
notice. The notice must be accompanied by any required filing fee
except as provided in rule 9.430 for proceedings by indigents.
(d) [No changes]
(e) Briefs. The appellant’s initial brief, accompanied by an
appendix as prescribed by rule 9.220, shall be served within 1520
days of filing the notice. Additional briefs shall be served as
prescribed by rule 9.210.
(f) [No changes]
(g) Cross-Appeal. An appellee may cross-appeal the order or
orders designated by the appellant, to review any ruling described
in subdivisions (a)(3)–(a)(5), by serving a notice within 15 days of
service of the appellant’s timely filed notice of appeal or within the
time prescribed for filing a notice of appeal, whichever is later. A
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notice of cross-appeal, accompanied by any filing fees prescribed by
law, shall be filed either before service or immediately thereafter in
the same manner as the notice of appeal. The notice of cross-appeal
must be accompanied by any required filing fee except as provided
in rule 9.430 for proceedings by indigents.
(h) – (i) [No changes]
Committee Notes
[No changes]
RULE 9.160. DISCRETIONARY PROCEEDINGS TO REVIEW
DECISIONS OF COUNTY COURTS
(a) [No changes]
(b) Commencement. Any appeal of an final order certified
by the county court to beinvolve a question that may have statewide
application, and that is of great public importance or will affect the
uniform administration of justice, must be taken to the district
court of appeal. Jurisdiction of the district court of appeal under
this rule shallmust be invoked by filing a notice and the order
containing certification, accompanied by any filing fees prescribed
by law, with the clerk of the lower tribunal. The time for filing the
appeal shallwill be the same as if the appeal were being taken to the
circuit court.
(c) Notice. The notice shallmust be in substantially the form
prescribed by rule 9.900(a) or rule 9.900(c), depending on whether
the order sought to be appealed is a final or a nonfinal order, except
that such notice should refer to the fact of certification. Except in
criminal cases, aA conformed copy of the order or orders designated
in the notice of appeal shallmust be attached to the notice together
with any order entered on a timely motion postponing rendition of
the order or orders appealed. The notice must be accompanied by
any required filing fee except as provided in rule 9.430 for
proceedings by indigents.
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(d) Method of Certification. The certification may be made
in the order subject to appeal or in any order disposing of a motion
that has postponed rendition as defined in rule 9.020(h). The
certification shallmust include:
(1) [No changes]
(2) a concise statement of the issue or issues that may
have statewide application, and that are of great public importance
or will affect the uniform administration of justice.
(e) Discretion.
(1) Any party may suggest that an order be certified to
be as involving a question that may have statewide application, and
that is of great public importance or will affect the uniform
administration of justice. However, the decision to certify shallwill
be within the absolute discretion of the county court and may be
made by the county court on its own motion.
(2) The district court of appeal, in its absolute
discretion, shallwill by order accept or reject jurisdiction. Until the
entry of such order, temporary jurisdiction shallwill be in the
district court of appeal.
(f) Scope of Review.
(1) [No changes]
(2) If the district court of appeal declines to accept the
appeal, it shallmust transfer the case together with the filing fee to
the circuit court that has appellate jurisdiction.
(g) Record. The record shallmust 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
shallwill be in accord with rules 9.110(f), 9.140, 9.210, and 9.220,
depending on the nature of the appeal.
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(i) Cross-Appeal. Cross-appeals shallwill be permitted
according to the applicable rules only in those cases in which a
cross-appeal would have been authorized if the appeal had been
taken to circuit court.
(j) Applicability of Other Rules. All other matters
pertaining to the appeal shallwill be governed by the rules that
would be applicable if the appeal had been taken to circuit court.
Committee Notes
1984 Amendment-1992 Amendment. [No changes]
2020 Note. [No changes]
2023 Amendment. The language in section 34.017(1), Florida
Statutes (1984), referred to as section 34.195, Florida Statutes, in
the 1984 Committee Note and characterized as surplusage, was
retained by the 2020 Legislature when it amended section 34.017,
Florida Statutes (2020), and repealed sections 26.012(1)(c) and
924.08, Florida Statutes. The present amendment conforms the
language of the rule to the existing statutory language.
RULE 9.170. APPEAL PROCEEDINGS IN PROBATE AND
GUARDIANSHIP CASES
(a) Applicability. Appeal proceedings in probate and
guardianship cases shallwill be as in civil cases, except as modified
by this rule.
(b) Appealable Orders. Except for proceedings under rule
9.100 and rule 9.130(a), appeals of orders rendered in probate and
guardianship cases shallwill be limited to orders that finally
determine a right or obligation of an interested person as defined in
the Florida Probate Code. Orders that finally determine a right or
obligation include, but are not limited to, orders that:
(1)-(3) [No changes]
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(4) grant or deny a petition for administration pursuant
tounder section 733.2123, Florida Statutes;
(5)-(24) [No changes]
(25) approve a settlement agreement on any of the
matters listed above in (b)(1)–(b)(24) or authorizing a compromise
pursuant tounder section 733.708, Florida Statutes.
(c) Record; Alternative Appendix. An appeal under this
rule may proceed on a record prepared by the clerk of the lower
tribunal or on appendices to the briefs, as elected by the parties
within the time frames set forth in rule 9.200(a)(2) for designating
the record. The clerk of the lower tribunal shallmust prepare a
record on appeal in accordance with rule 9.200 unless the appellant
directs that no record shallshould be prepared; a copy of such
direction shallmust be served on the court when it is served on the
clerk of the lower tribunal. However, aAny other party may direct
the clerk of the lower tribunal to prepare a record in accordance
with rule 9.200; a copy of such direction shallmust be served on the
court when it is served on the clerk of the lower tribunal. If no
record is prepared under this rule, the appeal shallmust proceed
using appendices pursuant tounder rule 9.220.
(d) Briefs. The appellant’s initial brief, accompanied by an
appendix as prescribed by rule 9.220 (if applicable), shallmust be
served within 70 days of filing the notice of appeal. Additional briefs
shallmust be served as prescribed by rule 9.210.
(e) [No changes]
RULE 9.360. PARTIES
(a) Joinder for Realignment as Appellant or Petitioner.
An appellee or respondent who desires to join realign as an
appellant or petitioner shallmust serve a notice of joinder no later
than the latest of the following:
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(1)-(3) [No changes]
The notice of joinder, accompanied by any filing fees prescribed by
law, shallmust be filed in the appellate court either before service or
immediately thereafter. The body of the notice shallmust set forth
the proposed new caption. The notice must be accompanied by any
required filing fee except as provided in rule 9.430 for proceedings
by indigents. UpoOn filing of the notice and payment of the fee, the
clerk of the court shallwill change the caption to reflect the
realignment of the parties in the notice.
(b) Attorneys; Representatives; Guardians Ad Litem.
Attorneys, representatives, and guardians ad litem in the lower
tribunal shallwill retain their status in the court unless others are
duly appointed or substituted; however, for limited representation
proceedings under rule 9.440 or Florida Family Law Rule of
Procedure 12.040, representation terminates upon the filing of a
notice of completion titled “Termination of Limited Appearance”
pursuant to rule 9.440 or rule 12.040(c).
(c) Substitution of Parties.
(1) [No changes]
(2) Public officers as parties in their official capacities
may be described by their official titles rather than by name. Their
successors in office shallwill be automatically substituted as
parties.
(3) [No changes]
(4) If a person entitled to file a notice of appeal dies
before filing and that person’s rights survive, the notice may be filed
by the personal representative, the person’s attorney, or, if none, by
any interested person. Following filing, the proper party shallwill be
substituted.
Committee Notes
[No changes]
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RULE 9.430. PROCEEDINGS BY INDIGENTS
(a) Appeals. A party who has the right to seek review by
appeal without payment of costs shallmust, unless the court directs
otherwise, file a signed application for determination of indigent
status with the clerk of the lower tribunal, using an application
form approved by the supreme court for use by circuit court clerks
of the lower tribunal. The clerk of the lower tribunal’s reasons for
denying the application shallmust be stated in writing and are
reviewable by the lower tribunal. Review of decisions by the lower
tribunal shallwill be by motion filed in the court.
(b) [No changes]
(c) Original Proceedings. A party who seeks review by an
original proceeding under rule 9.100 without the payment of costs
shallmust, unless the court directs otherwise, file with the court a
motion to proceed in forma pauperis. If the motion is granted, the
party may proceed without further application to the court.
(d) Incarcerated Parties.
(1) [No changes]
(2) Non-Criminal Proceedings. Except in cases involving
criminal or collateral proceedings, an application for determination
of indigent status filed under this rule by a person who has been
convicted of a crime and is incarcerated for that crime or who is
being held in custody pending extradition or sentencing shallmust
contain substantially the same information as required by an
application form approved by the supreme court for use by circuit
court clerks of the lower tribunal. The determination of whether the
case involves an appeal from an original criminal or collateral
proceeding depends on the substance of the issues raised and not
on the form or title of the petition or complaint. In these non-
criminal cases, the clerk of the lower tribunal shallmust, to the
extent required by general law, require the party to make a partial
prepayment of court costs or fees and to make continued partial
payments until the full amount is paid.
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(e) [No changes]
Committee Notes
[No changes]
- 25 -
Reference
- Status
- Published