Appellate Court Rules Committee three-year cycle amendments
The Appellate Court Rules Committee invites comments on proposed three-year cycle amendments to the Rules of Appellate Procedure shown below. The full text of the proposals can be found on The Florida Bar’s website at www.FloridaBar.org. The proposed amendments will be filed with the court by February 1, 2014. Pursuant to Fla.R.Jud.Admin. 2.140(b)(2), interested persons have until August 1, 2013, to submit comments electronically to Eduardo Sanchez, Chair, Appellate Court Rules Committee, [email protected], with a copy to the committee liaison, Heather Telfer, [email protected].
|
Rule /Form
|
Vote
|
Explanation
|
| 9.020. | (i)(3) 45-0 (i)-(j) (k) |
Clarifies the disposition of pending motions once an order is rendered. Adopts the federal rule for temporary abeyance of appeal until motion is ruled on. New subdivision creates a definition of “signed” and includes references to Fla. R. Jud. Admin. 2.515(c). |
| 9.100 | (b) 41-0 (c) (d) (e) (e)(3) (h) (h) |
Reorders the rule for clarity regarding who may be named as a respondent.
Clarifies who may be named as a respondent. Clarifies the title of the subdivision. Clarifies the title of the subdivision. Conforms to proposed changes to Rule 9.100(h). Provides the court with the option of requiring a response to a petition through an order to show cause, or by directing the respondent to file a response to the petition. * The 8 votes against both Option 1 and Option 2 reflect members who voted for no change to the subdivision. 20 members preferred Option 1 and 9 members preferred Option 2. |
| 9.110 | (b) 48-0 (k) (l) (n) |
Resolves conflict between Rule 9.140(c)(3) and Rule 9.110.
Defines final partial judgment of unrelated claims. Adds a reference to Rule 9.020(h) at the outset, specifies that the court retains jurisdiction to render a final order, and modifies the last sentence in the subdivision to permit the lower tribunal to extend the time to obtain the final order. Updates committee notes. Subdivision (n) is deleted and Rule 9.147 is created as a stand-alone rule. |
| 9.130. | (a)(3)(C)(iii) a. 43-0 (a)(3)(C)(iii) (a)(3)(C)(iii)c. (a)(3)(C)(vi) (a)(4) (a)(4) (a)(6) (b) (b) (f) (g) – (i) Note |
Reorders subdivision (a)(3)(C)(iii) and in family law matters allows review of non-final orders for immediate monetary relief. Reorders subdivision (a)(3)(C)(iii) and in family law matters allows review of non-final orders for time sharing under a parenting plan. Reorders subdivision (a)(3)(C)(iii) and allows for appeals to determine if a marital settlement agreement is invalid in its entirety. Redefines which orders are being addressed in this subdivision and clearly defines the manner in which those orders are appealable. Deletes subdivision (a)(6) as it is now duplicative. Corrects a numbering error. Clarifies that a lower court cannot render a final judgment if non-final orders are being appealed, except by leave of the court. Expressly authorizes cross-appeals and, as amended, parallels Rule 9.110. Renumbers subsequent subdivisions. Updates committee notes. |
| 9.140. | (d)(1)(E) 41-0 (f)(1) (f)(6) |
Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure.
Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. |
| 9.141. | (b)(2)-(3) 42-1-2 (b)(2)(C) (b)(2)(C)(i)-(ii) (c)(1) (c)(3) (d)(3) |
Clarifies when a brief is required after a denial of a postconviction motion. Enlarges the time to file an initial brief from 15 days to 30 days. Clarifies when an answer brief or reply brief is required in collateral or postconviction criminal cases. Allows a court to request a response from the appellee prior to ruling. Gives the inmate notice that if a summarily denied claim is not included in the initial brief it may be considered waived. Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. |
| 9.142. | (d)(2)(A) 41-0 |
Clarifies which court will receive notice following rendition of an order of dismissal and discharge. |
| 9.145. | (c)(1)(B) 41-0 |
Removes “and/” from the subdivision for grammatical purposes. |
| 9.146. | (c)(2) 41-0 (d) (e) (g)(6) |
Clarifies that a lower tribunal may issue a stay in a termination of parental rights case.
Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. |
| 9.147. | 38-1-1 | New stand-alone rule derived from Rule 9.110(n). |
| 9.160. | (e)(1) 41-0 |
Clarifies that the decision to certify is within the discretion of the county court. |
| 9.180. | (b)(3) 42-0 (b)(3) (e)(2) (f)(1) (g)(3)(H)-(I) |
Amends the rule to address electronic filing.
Conforms to section 440.25(4)(e), Florida Statutes. |
| 9.190. | (a) 32-0 |
Provides that the judicial review of administration action shall be as in civil cases, unless specifically modified within the rules of appellate procedure. |
| 9.200. | (a)(4) 30-0 (b)(3) Note |
Clarifies that the parties must notify the clerk of the lower tribunal if they plan to rely on a stipulated statement instead of the record.
Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. |
| 9.210. | (a)(2)-(3) 34-0 (a)(5) (b)(1), (5), (7)-(8) (c) (d) – (e) |
Moves references to headings, spacing, and text size into subdivision (a)(2) and removes these references from subdivision (a)(3). Excludes the signature block from computation of page length. Amends subdivision (b) to require headings and subheadings, citations to appropriate authorities, certificate of service, and certificate of compliance. Requires that the statement of the case and of the facts can only be omitted if the corresponding section of the initial brief is deemed satisfactory. Requires a table of contents, table of citations, a certificate of service, and certificate of compliance for computer-generated briefs in reply and cross-reply briefs. |
| 9.300. | (b) 45-0 (d)(9), (10), (13) (d)(11) (d)(12) |
Substitutes “next brief due in the proceedings” for “appellant’s initial brief.”
Adds an exception for motions that do not toll time for sanctions under Rule 9.410. Renumbers the remaining subdivisions. |
| 9.310. | (b)(1) 28-15-2 (Option 1) OR (b)(1)(A) and (B) |
Provides that in the case of a pure money judgment, an appealing party may stay execution on the judgment solely by posting bond.
Provides that it is within the discretion of the lower tribunal to enter a stay pending review upon the posting of a bond, special conditions, or both. |
| 9.320. | 33-13 | Clarifies the time frame for requesting oral argument. |
| 9.330. | (a) 48-1 (a) |
Adds a motion for entry of a written opinion to the list of motions under this rule and provides requirements for such a request.
Requires an e-mail address in the signature block. |
| 9.331. | (d)(1)-(2) 48-1 (d)(2) |
Authorizes en banc hearings if the issue at bar is of extreme importance or consideration is necessary to maintain uniformity in the court’s decisions.
Requires an e-mail address in the signature block. |
| 9.340. | (b) 48-0 |
Adds “issuance of a written opinion” to the list of motions that extend time for issuance of mandate. |
| 9.350. | (d) 44-2 |
Clarifies the part of the case that is stayed following a stipulation for dismissal or a notice of dismissal. Updates committee notes. |
| 9.400. | (a)(2) 28-16 (a)(4) (b)(1)-(2) |
Amends subdivision to be consistent with existing case law.
Addresses attorney’s costs regardless of whether a mandate has been issued. |
| 9.410. | (b)(2) – (4) 46-0 (b)(4) |
Clarifies that service is only required once, not twice.
Requires an e-mail address in the signature block. |
| 9.420. | (a)(1) 41-0 (a)(2) (a)(2) (b)(1) |
Corrects incorrect rule reference.
Clarifies inconsistencies in the filing date of inmate filings. Updates committee notes. |
| 9.430. | (c)(1) 41-0 (d) |
Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure.
Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. |
| 9.600. | (a) 47-1 |
Amends subdivision to conform to Fla. R. Civ. P. 1.540. |
| 9.720. | (f) – (g) 45-1 |
Proposed new subdivisions to conform to changes in Fla. R. Civ. P. 1.720. Updates committee notes. |
| 9.800. | 44-0 | Deletes inaccurate citations. |
| 9.900. | (c)(1) 49-0 (c)(2) (d) |
Creates a new subdivision for notice of appeal from non-final orders. Creates a form for cross-appeals from non-final orders. Corrects rule references. Corrects rule reference. |
