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 Bars 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).
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.
FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
RULE 9.030. JURISDICTION OF COURTS
(a) [No Change]
(b) Jurisdiction of District Courts of
(1) Appeal Jurisdiction. District courts of
appeal shall review, by ...