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In re Amendments to Florida Rule of Appellate Procedure 9.030

Supreme Court of Florida

December 19, 2019

IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.030.

          Original Proceedings - Florida Rules of Appellate Procedure

          OPINION

          PER CURIAM.

          The 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).[1] We have jurisdiction[2] and amend the rule as proposed.

          The 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

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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).

          Accordingly, 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 the Court.[3]

          It is so ordered.

          THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

          APPENDIX

          RULE 9.030. JURISDICTION OF COURTS

(a) [No Change]
(b) Jurisdiction of District Courts of Appeal.
(1) Appeal Jurisdiction. District courts of appeal shall review, by ...

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