By: Elaine Walter
After a recommendation by the Appellate Court Rules Committee, the Florida Supreme Court amended rules 9.020 and 9.400. Rule 9.020(h)(1) (Rendition of an Order; Motions Tolling Rendition), which provides a list of motions that can toll rendition, was amended to add motions to vacate orders issued by general magistrates under Florida Family Law Rule of Procedure 12.490 (General Magistrates) to the list. This proposal was in response to the Court’s recent amendment of rule 12.490(e)(3), which now provides for the ratification of a general magistrate’s recommended order, unless the court finds it deficient, and allows the challenge of such an order through a motion to vacate. Subdivision (i) (Rendition of an Appellate Order) was retitled and amended to reflect that it applies to both opinions and orders and to specify that an appellate order or opinion is deemed rendered when docketed. Also, rule 9.400 is amended to create a new subdivision (b)(4) to provide a uniform practice and procedure before the appellate courts in cases where the court issues an order of dismissal under rule 9.350 (Dismissal of Causes). New subdivision (b)(4) establishes a 7-day period after an order of dismissal is rendered to serve a motion for appellate attorneys’ fees, if the otherwise applicable deadline for serving the motion has not yet expired. Opinion_SC2023-0836
The Florida Supreme Court, on its own motion, amended rule 9.130’s provisions on non-final appeals from arbitration proceedings, to include a new subdivision (I), which as proposed would provide for interlocutory review of nonfinal orders that confirm or deny confirmation of an arbitration award, or that modify, correct, or vacate an arbitration award, and by deleting from existing subdivision (a)(3)(C)(iv) a provision that allows for interlocutory review of nonfinal orders determining entitlement to arbitration and adding that text to the new subdivision. Opinion_SC2023-0438
Rules 9.142 and 9.210 got an update in July of 2024. Rule 9.142(c)(3)(A) now reflects that petitions seeking review of nonfinal orders in death penalty postconviction proceedings must be served on the judge who issued the order to be reviewed, rather than a copy of the petition simply being furnished to the judge. This change will allow the Florida Courts E-Filing Portal to correctly direct such documents to judges. Rule 9.210(a)(2)(D) (for appeals from an order summarily denying an initial postconviction motion filed under Florida Rule of Criminal Procedure 3.851, a ruling on a successive postconviction motion filed under Florida Rule of Criminal Procedure 3.851, a finding that a defendant is intellectually disabled as a bar to execution under Florida Rule of Criminal Procedure 3.203, or a ruling on a motion for postconviction DNA testing filed under Florida Rule of Criminal Procedure 3.853) now includes a
word limit equivalency to the existing page number limitation and is amended to add a limit of 20,000 words to the 75-page limitation for initial and answer briefs and a limit of 6,500 words to the 25-page limitation for reply briefs. Opinion_SC2024-0750
The Florida Supreme Court adopted changes to the Rules of Appellate Procedure after proposed amendments by the Appellate Court Rules Committee. Those changes include a new subdivision (a)(3)(F)(iv) is created under rule 9.130. Rule 9.130(a)(3) lists nonfinal orders that may be appealed in civil proceedings. New subdivision (a)(3)(F)(iv) adds an entry to that list, allowing civil defendants to appeal nonfinal orders that deny claims of immunity brought under section 776.032, Florida Statutes (2024), known as Florida’s Stand Your Ground law. Opinion_SC2024-0317
On March 27, 2025, the Florida Supreme Court again amended rule 9.130 to add new subdivision (a)(3)(J) to provide for interlocutory review by appeal of nonfinal orders that deny a motion under one of Florida’s three Anti-SLAPP (Strategic Lawsuits Against Public Participation) statutes. See §§ 718.1224 (Prohibition against SLAPP suits), 720.304(4) (Right of owners to peaceably assemble; display of flags; SLAPP suits prohibited), and 768.295 (Strategic Lawsuits Against Public Participation (SLAPP) prohibited), Fla. Stat. (2024). The rule amendment was effective on publication of the Court’s opinion.
Opinion_SC2024-1798
IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE – 2025 LEGISLATION, No. SC2025-1181, (Fla. Sept. 4, 2025), amended rule 9.510 after the legislative session to delete reference to the financial impact statement in cases involving a request by the Attorney General for an advisory opinion from the Court related to the validity of an initiative petition for an amendment to the Florida Constitution, because the recent legislative changes require the financial impact statement to be provided to the Secretary of State before submitting the initiative petition to the Attorney General. Opinion_SC2025-1181
