Amendments to the Rules of Appellate Procedure
Amendments to the Rules of Appellate Procedure
The Florida Bar’s Appellate Court Rules Committee has submitted to the Florida Supreme Court a regular-cycle report proposing amendments to the Florida Rules of Appellate Procedure. The committee proposes new rule 9.147 (Appeal Proceedings to Review a Final Order Dismissing a Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy) and amendments to rules 9.020 (Definitions); 9.100 (Original Proceedings); 9.110 (Appeal Proceedings to Review Final Orders of Lower Tribunals and Orders Granting New Trial in Jury and Non-Jury Cases); 9.130 (Proceedings to Review Non-Final Orders and Specified Final Orders); 9.140 (Appeal Proceedings in Criminal Cases); 9.141 (Review Proceedings in Collateral or Post-Conviction Criminal Cases); 9.142 (Procedure for Review in Death Penalty Cases); 9.145 (Appeal Proceedings in Juvenile Delinquency Cases); 9.146 (Appeal Proceedings in Juvenile Dependency and Termination of Parental Rights Cases and Cases Involving Families and Children in Need of Services); 9.160 (Discretionary Proceedings to Review Decisions of County Courts); 9.180 (Appeal Proceedings to Review Workers’ Compensation Cases); 9.190 (Judicial Review of Administrative Action); 9.200 (The Record); 9.210 (Briefs); 9.300 (Motions); 9.310 (Stay Pending Review); 9.320 (Oral Argument); 9.330 (Rehearing; Clarification; Certification); 9.331 (Determination of Causes in a District Court of Appeal En Banc); 9.340 (Mandate); 9.350 (Dismissal of Causes); 9.400 (Costs and Attorneys’ Fees); 9.410 (Sanctions); 9.420 (Filing; Service of Copies; Computation of Time); 9.430 (Proceedings by Indigents); 9.600 (Jurisdiction of Lower Tribunal Pending Review); 9.720 (Mediation Procedures); 9.800 (Uniform Citations System); and 9.900 (Forms). The court invites all interested persons to comment on the proposed amendments, which are summarized below and reproduced in full online at www.floridasupremecourt.org/decisions/proposed.shtml. All comments must be filed with the court on or before April 1, with a certificate of service verifying that a copy has been served on Committee Chair Eduardo I. Sanchez, 99 N.E. 4th Street, Suite 800, Miami 33132-2131, [email protected], and on the Bar staff liaison to the committee, Heather S. Telfer, 651 E. Jefferson Street, Tallahassee 32399-2300, [email protected], 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. Further, if comments are directed toward the proposed amendments to rule 9.020, the certificate of service shall also verify that a copy has been served on the proponent of the amendments to that rule John Mills, 203 N. Gadsden Street, Suite 1A, Tallahassee 32301-7637, [email protected]. If comments are directed toward the proposed amendments to rule 9.110, the certificate of service shall also verify that a copy has been served on the proponent of amendments to that rule H. Michael Muniz, 8201 Peters Rd., Suite 3000, Plantation 33324-3292, [email protected]. If comments are directed toward the proposed amendments to rule 9.130, the certificate of service shall also verify that a copy has been served on the proponent of the amendments Thomas J. Sasser, P.O. Box 2907, West Palm Beach 33402-2907, [email protected]. If comments are directed toward the proposed amendments to rule 9.141, the certificate of service shall also verify that a copy has been served on the proponents of the amendments Judge Chris W. Altenbernd, 1700 N. Tampa Street # 300, Tampa 33602-2648, [email protected], and William J. Sheppard, 215 N. Washington Street, Jacksonville 32202-2808, [email protected]. If comments are directed toward the proposed amendments to rule 9.180, the certificate of service shall also verify that a copy has been served on the proponent of the amendments Judge Thomas Sculco, 400 W. Robinson Street, Suite N608, Orlando 32801-1732, [email protected]. If comments are directed toward the proposed amendments to rule 9.210, the certificate of service shall also verify that a copy has been served on the proponent of the amendments Paul S. Cherry, 6625 Taeda Drive, Sarasotaa 34241, [email protected]. If comments are directed toward the proposed amendments to rule 9.420, the certificate of service shall also verify that a copy has been served on the proponent of the amendments Joshua R. Heller, 400 S. Monroe St. # PL-01, Tallahasseeda 32399-6536, [email protected]. If comments are directed toward the proposed amendments to rule 9.600, the certificate of service shall also verify that a copy has been served on the proponents of the amendments Kristen M. Fiore, 106 E. College Ave., Suite 1200, Tallahassee 32301-7741, [email protected] and Katherine E. Giddings, 106 E. College Ave., Suite 1200, Tallahassee 32301-7741, [email protected]. If comments are directed toward the proposed amendments to rule 9.720, the certificate of service shall also verify that a copy has been served on the proponents of the amendments Lawrence H. Kolin, 1065 W. Morse Blvd., Suite100, Winter Park 32789-3747, [email protected]. The chair has until April 22 to file a response to any comments filed with the court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Portal in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance with In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee 32399-1927; no additional copies are required or will be accepted.
IN RE: AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, CASE NO. SC14-227
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Rule /Form
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Explanation
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| 9.020 (Definitions) | (i)(3) – Clarifies the disposition of pending motions once an order is rendered. (i)-(j) – Adopts the federal rule for temporary abeyance of appeal until motion is ruled on. (k) – New subdivision creates a definition of “signed” and includes references to Fla. R. Jud. Admin. 2.515(c). |
| 9.100 (Original Proceedings) | (b) – Reorders the rule for clarity regarding who may be named as a respondent.
(c) – Clarifies who may be named as a respondent. (d) – Clarifies the title of the subdivision. (e) – Clarifies the title of the subdivision. (e)(3) – Conforms to proposed changes to Rule 9.100(h). (h) (Option 1) – Clarifies that if the court is requiring a response to a petition, it must do so through an order to show cause. (h) (Option 2) – 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. |
| 9.110 (Appeal Proceedings to Review Final Orders of Lower Tribunals and Orders Granting New Trial in Jury and Non-Jury Cases) | (b) – Resolves conflict between Rule 9.140(c)(3) and Rule 9.110.
(k) – Defines final partial judgment of unrelated claims. ( l) – 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.(n) is deleted and Rule 9.147 is created as a stand-alone rule. Clarifies the Committee Note. |
| 9.130 (Proceedings to Review Non-Final Orders and Specified Final Orders) | (a)(3)(C)(iii)a. – Reorders subdivision (a)(3)(C)(iii) and in family law matters allows review of non-final orders for immediate monetary relief. (a)(3)(C)(iii)b. – Reorders subdivision (a)(3)(C)(iii) and in family law matters allows review of non-final orders for time sharing under a parenting plan. (a)(3)(C)(iii)c. – Reorders subdivision (a)(3)(C)(iii) and allows for appeals to determine if a marital settlement agreement is invalid in its entirety. (a)(3)(C)(vi) – Clarifies that a class may be certified. (a)(4) – Redefines which orders are being addressed in this subdivision and clearly defines the manner in which those orders are appealable. Provides that orders disposing of motions that suspend rendition are not reviewable separately from a review of the final order. (a)(6) – Deletes subdivision (a)(6) as it is now duplicative. (b) – Conforms language in subdivision (b) to reflect the deletion of subdivision (a)(6) and rephrases the subdivision for greater clarity. Corrects a numbering error. (f) – Clarifies that a lower court cannot render a final judgment if non-final orders are being appealed, except by leave of the court. (g) – (i) – Expressly authorizes cross-appeals and, as amended, parallels Rule 9.110. Renumbers subsequent subdivisions. Updates committee notes. |
| 9.140 (Appeal Proceedings in Criminal Cases) | (d)(1)(E) – Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure.
(f)(1) – Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. (f)(6) – Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. |
| 9.141 (Review Proceedings in Collateral or Post-Conviction Criminal Cases) | (b)(2)-(3) – Specifies that review pursuant to subdivision (b)(2) arises when there has been a summary grant or denial of “all claims raised in a motion” without any evidentiary hearing on any claim and that review pursuant to subdivision (b)(3) arises when there has been a grant or denial following an evidentiary hearing “on one or more claims.” (b)(2)(C) – Enlarges the time to file an initial brief from 15 days to 30 days. (b)(2)(C)(i)-(ii) – 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. (c)(1); (c)(3); (d)(3) – Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. |
| 9.142 (Procedure for Review in Death Penalty Cases) | (d)(2)(A) – Clarifies which court will receive notice following rendition of an order of dismissal and discharge. |
| 9.145 (Appeal Proceedings in Juvenile Delinquency Cases) | (c)(1)(B) – Removes “and/” from the subdivision for grammatical purposes. |
| 9.146 (Appeal Proceedings in Juvenile Dependency and Termination of Parental Rights Cases and Cases Involving Families and Children in Need of Services) | (c)(2) – Clarifies that a lower tribunal may issue a stay in a termination of parental rights case.
(d) – Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. (e) – Amends subdivision (e) to substitute “documents” for “papers.” (g)(6) – Adds “issuance of a written order” to the list of motions that do not permit a response, unless requested by the court. |
| 9.147 (Appeal Proceedings to Review a Final Order Dismissing a Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy) | New stand-alone rule derived from Rule 9.110(n).
Creates a Committee Note. |
| 9.160 (Discretionary Proceedings to Review Decisions of County Courts) | (e)(1) – Clarifies that the decision to certify is within the discretion of the county court. |
| 9.180 (Appeal Proceedings to Review Workers’ Compensation Cases) | (b)(3) – Amends the rule to address electronic filing. Conforms to section 440.25(4)(e), Florida Statutes. (e)(2) substitute s “documents” for “papers.” (f)(1) – Requires the record on appeal in workers’ compensation cases to include motions for rehearing, orders on those motions, and trial memoranda. (g)(3)(H)-(I) – Addresses situations when a petition for insolvency is filed but later withdrawn before it is ruled upon. Renumbers subsequent subdivisions. |
| 9.190 (Judicial Review of Administrative Action) | (a) – 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 (The Record) | (a)(4) – 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.
(b)(3) – Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. Updates committee notes. |
| 9.210 (Briefs) | (a)(2)-(3) – Moves references to headings, spacing, and text size into subdivision (a)(2) and removes these references from subdivision (a)(3). (a)(5) – Excludes the signature block from computation of page length. (b)(1), (5), (7)-(8) – Amends subdivision (b) to require headings and subheadings, citations to appropriate authorities, certificate of service, and certificate of compliance. (c) – 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. (d) – (e) – 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 (Motions) | (b) – Substitutes “next brief due in the proceedings” for “appellant’s initial brief.”
(d)(9), (10), (13) – Adds an exception for motions that do not toll time for sanctions under Rule 9.410. Renumbers the remaining subdivisions. (d)(11) – Adds an exception for motions that do not toll time to review a final order dismissing a petition for judicial waiver of parental notice of termination of pregnancy. (d)(12) – Resolves a conflict with Rule 9.700(d). |
| 9.310 (Stay Pending Review) | (b)(1) (Option 1) – Provides that in the case of a pure money judgment, an appealing party may stay execution on the judgment solely by posting bond. OR (b)(1)(A) and (B) ( Option 2) – 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 (Oral Argument) | Clarifies the time frame for requesting oral argument. |
| 9.330 (Rehearing; Clarification; Certification) | (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 (Determination of Causes in a District Court of Appeal En Banc) | (d)(1)-(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.
(d)(2) – Requires an e-mail address in the signature block. |
| 9.340 (Mandate) | (b) – Adds “issuance of a written opinion” to the list of motions that extend time for issuance of mandate. |
| 9.350 (Dismissal of Causes) | (d) – Clarifies the part of the case that is stayed following a stipulation for dismissal or a notice of dismissal. Updates committee notes. |
| 9.400 (Costs and Attorneys’ Fees) | (a)(2) – Amends subdivision to be consistent with existing case law.
(a)(4) – Addresses attorney’s costs regardless of whether a mandate has been issued. (b)(1)-(2) – Clarifies that motions for fees can be filed in original writ proceedings. |
| 9.410 (Sanctions) | (b)(2) – (4) – Clarifies that service is only required once, not twice.
(b)(4) – Requires an e-mail address in the signature block. |
| 9.420 (Filing; Service of Copies; Computation of Time) | (a)(1) – Corrects incorrect rule reference.
(a)(2) – Clarifies inconsistencies in the filing date of inmate filings. Amended to reflect that the clerk applies the file-stamp, not the court. (b)(1) – Amends subdivision (b)(1) to substitute “documents” for “papers.” Updates committee notes. |
| 9.430 (Proceedings by Indigents) | (c)(1) – Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure.
(d) – Removes “appellate” when referring to the court to be consistent with other rules of appellate procedure. |
| 9.600 (Jurisdiction of Lower Tribunal Pending Review) | (a) – Amends subdivision to conform to Fla. R. Civ. P. 1.540. |
| 9.720 (Mediation Procedures) | (f) – (g) – Proposed new subdivisions to conform to changes in Fla. R. Civ. P. 1.720. Updates committee notes. |
| 9.800 (Uniform Citations System) | Deletes inaccurate citations. |
| 9.900 (Forms) | (c)(1) – Creates a new subdivision for notice of appeal from non-final orders. (c)(2) – Creates a form for cross-appeals from non-final orders. (a), (b), (c), (d), (e), (f) – Corrects rule references.
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