IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.030.
Original Proceedings - Florida Rules of Appellate Procedure
Court has for consideration an amendment to Florida Rule of
Appellate Procedure 9.030(b)(1) (Jurisdiction of District
Courts of Appeal; Appeal Jurisdiction) proposed by The
Florida Bar's Appellate Court Rules Committee (ACR
Committee). We have jurisdiction and amend the
rule as proposed.
amendment to subdivision (b)(1)(B) of rule 9.030 is in
response to chapter 2019-58, section 1, Laws of Florida,
which amended section 26.012(1)(a), Florida Statutes (2018),
to except from the circuit courts' appellate jurisdiction
appeals of county court orders or judgments where the amount
in controversy is greater than $15, 000, thus giving the
district courts of appeal jurisdiction over that class of
appeals. See art. V, § 4(b)(1) (giving district
courts of appeal jurisdiction over appeals, that may be taken
as of a matter right, from final judgments or orders of trial
courts not directly appealable to this Court or a circuit
court). As amended, subdivision (b)(1)(B) of rule 9.030
provides that district courts of appeal shall review, by
appeal, nonfinal orders as prescribed by Florida Rule of
Appellate Procedure 9.130 and no longer limits the district
courts' jurisdiction over nonfinal orders to circuit
court nonfinal orders. This amendment allows authorized
appeals of nonfinal orders in county court cases in which the
amount in controversy is greater than $15, 000 to be heard by
the district courts of appeal, which under section
26.012(1)(a) will now have appellate jurisdiction over the
final judgments or orders in those cases. See art.
V, § 4(b)(1), Fla. Const. (providing that district
courts of appeal may review interlocutory orders in trial
court cases in which the district courts have appellate
jurisdiction to review final judgments and orders).
the Florida Rules of Appellate Procedure are amended as
reflected in the appendix to this opinion. Deletions are
indicated by struck-through type. The amendments shall become
effective January 1, 2020, at 12:01 a.m. Because the
amendments were not published for comment prior to their
adoption, interested persons shall have seventy-five days
from the date of this opinion in which to file comments with
CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ,
FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
The ACR Committee originally proposed
this amendment in case number SC19-1354. See In re
Amends. to Fla. Rules of Civ. Pro., Fla. Small Claims Rules,
& Fla. Rules of App. Pro.-Jurisdiction, No.
SC19-1354, slip op at 2 n.2. (Fla. Nov. 14, 2019) (declining
to adopt ACR Committee's proposed rule amendments and
directing the Committee to file a new out-of-cycle report
explaining its proposals).
See art. V, § 2(a), Fla.
All comments must be filed with the
Court on or before March 3, 2020, with a certificate of
service verifying that a copy has been served on the
Committee Chair, Thomas D. Hall, The Mills Firm, The Bowen
House, 325 N. Calhoun Street, Tallahassee, Florida
32301-7605, firstname.lastname@example.org, and on the Bar Staff
Liaison to the Committee, Krys Godwin, 651 E. Jefferson
Street, Tallahassee, Florida 32399-2300,
email@example.com, 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 March 24, 2020, 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 Florida Courts E-Filing
Portal (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 may be, but is not
required to be, filed via the Portal. Comments filed via the
Portal must be submitted in Microsoft Word 97 or higher.
See In re Electronic Filing in the Florida Supreme