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April 1, 2012
Appellate rule amendment dealing with judicial waiver of parental notice of termination of pregnancy cases

The Florida Bar’s Appellate Court Rules Committee (committee) has submitted to the Florida Supreme Court an out-of-cycle report proposing amendments to Florida Rule of Appellate Procedure 9.110. The proposed amendment is in response to an amendment to section 390.01114(4)(b), Florida Statutes (2010), requiring an appellate court to rule on appeals within seven days in judicial waiver of parental notice of termination of pregnancy cases. The Court invites all interested persons to comment on the committee's proposed amendments, which are reproduced in full below, as well as online at http://www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the Court on or before April 30, 2012, with a certificate of service verifying that a copy has been served on the committee chair, Jamie Billotte Moses, Post Office Box 712, Orlando, Florida 32802-0712, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The committee chair has until May 21, 2012, to file a response to any comments filed with the Court. Electronic copies of all comments also must be filed in accordance with the Court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).

IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.110, CASE NO. SC11-2372


RULE 9.110. APPEAL PROCEEDINGS TO REVIEW FINAL ORDERS OF LOWER TRIBUNALS AND ORDERS GRANTING NEW TRIAL IN JURY AND NON-JURY CASES


(a)–(m) [No Change]

(n) Exception; Appeal of Final Order Dismissing Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy. If an unmarried minor or another person on her behalf appeals an order dismissing a petition for judicial waiver of parental notice of termination of pregnancy, the clerk of the lower tribunal shall prepare and transmit the record as described in rule 9.200(d) within 2 days from the filing of the notice of appeal. The district court of appeal shall render its decision on appeal as expeditiously as possible and no later than 107 days from the filing of the notice of appeal the transmittal of the record. Briefs or oral argument may be ordered at the discretion of the district court of appeal. The minor may move for leave to file a brief and may request oral argument. If no decision is rendered within the foregoing time period, the order shall be deemed reversed, the petition shall be deemed granted, and the clerk shall place a certificate to this effect in the file and provide the minor with a certified copy of the certificate. The appeal and all proceedings thereon shall be confidential so that the minor shall remain anonymous. The file shall remain sealed unless otherwise ordered by the court. Should the dismissal of the petition be reversed on appeal, the clerk shall furnish the petitioner with a certified copy of the decision or the clerk’s certificate for delivery to the minor’s physician. No filing fee shall be required for any part of an appeal of the dismissal of a petition for a waiver of parental notice of termination of pregnancy.

Committee Notes
[No change]

[Revised: 03-26-2014]