In Re: Amendments to the Florida Rules of Appellate Procedure ( 2023 )

Supreme Court of Florida
____________
No. SC2023-0261
____________
IN RE: AMENDMENTS TO THE FLORIDA RULES OF APPELLATE
PROCEDURE.
October 12, 2023
PER CURIAM.
The Florida Bar’s Appellate Court Rules Committee filed a
report proposing amendments to Florida Rules of Appellate
Procedure 9.020 (Definitions), 9.147 (Appeal Proceedings to Review
Final Orders Dismissing Petitions for Judicial Waiver of Parental
Notice and Consent or Consent Only to Termination of Pregnancy),
9.180 (Appeal Proceedings to Review Workers’ Compensation
Cases), 9.200 (The Record), 9.320 (Oral Argument), 9.340
(Mandate), 9.420 (Filing; Service of Copies; Computation of Time),
9.800 (Uniform Citation System), and 9.900 (Forms). 1 The
Committee proposes certain procedural changes to these rules as
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.
well as minor technical revisions to conform with the guidelines we
articulated in In re Guidelines for Rules Submissions, Florida
Administrative Order No. AOSC22-78 (Oct. 24, 2022). Most of the
technical amendments were described in the Committee’s report,
but a few were addressed in an Update to the Report of the
Appellate Court Rules Committee, dated April 12, 2023.
Aside from the minor technical proposals included in the
recent update, the Committee published all proposed amendments
for comment and received no comments, and the Board of
Governors of The Florida Bar unanimously recommends acceptance
of the amendments. This Court also published the proposed
amendments (other than the minor technical revisions described in
the update) and received no comments.
Having considered the proposed amendments and the
Committee’s report, the Court hereby amends the Florida Rules of
Appellate Procedure as proposed by the Committee, with one minor
modification. The more significant amendments are as follows.
First, rule 9.020 is amended to create a new subdivision
(h)(1)(M). Subdivision (h)(1) (Rendition of an Order; Motions Tolling
Rendition) provides a list of motions that can toll rendition. New
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subdivision (h)(1)(M) adds to that list motions filed under Florida
Rule of Juvenile Procedure 8.075(f) (Withdrawal of Plea After
Disposition), which was amended in 2015 to allow juveniles to move
to withdraw pleas after disposition. See In re Amends. to Fla. Rules
of Juv. Proc., 175 So. 3d 263 (Fla. 2015). The only modification we
make is to subdivision (h)(2)(A), which currently reads: “the final
order shall not be deemed rendered as to any existing party . . . .”
The Committee proposes amending this subdivision by replacing
the word “shall” with “must,” but we believe that “will” is the more
appropriate replacement in context.
Next, rule 9.147 is amended to align with section
390.01114(6)(b)2., Florida Statutes (2023). Specifically, rule
9.147(c) (Record) is amended to provide that lower tribunal clerks
must simultaneously transmit notices of appeal and records on
appeal electronically within two days of a notice of appeal being
filed, and subdivision (d) (Disposition of Appeal) is amended to
provide that appellate courts must dispose of any appeal within
seven days of receipt of a notice of appeal. The title of subdivision
(c) is also changed to “Transmission of Notice of Appeal and
Electronic Record.”
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Next, rule 9.180 is amended to align with section 440.25(5)(b),
Florida Statutes (2023). Specifically, subdivisions (B)-(F) of rule
9.180(g)(3) are amended to provide that verified petitions to be
relieved of costs must be filed within 15 days after service of a
notice of estimated costs and that objections to such petitions must
be filed within 20 days after service of the petition. In addition,
subdivisions (f)(5)(B) and (f)(6)(B) are amended to provide that
estimated costs must be deposited within 15 days after service of a
notice of estimated costs and that any objection to a court reporter
or transcriptionist must be filed within 15 days after service of the
notice of selection.
Rule 9.180(f)(6)(A) is amended by deleting the word “approved”
before the terms “court reporter” and “transcriptionist” to avoid
implying that the services are carried out at public expense based
on the definitions in Florida Rule of General Practice and Judicial
Administration 2.535(a) (Court Reporting; Definitions). Also,
subdivision (f)(9), which lists rules that apply to preparation of the
record, is amended to add a reference to rule 9.200(d) (The Record).
Finally, subdivision (b)(3) is amended to clarify that a party’s failure
to submit the required filing fee is not a jurisdictional defect.
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Next, rule 9.320 is amended to align with rule 9.120
(Discretionary Proceedings to Review Decisions of District Courts of
Appeal), which was amended in 2020 to provide that parties must
file jurisdictional briefs in any proceeding seeking discretionary
review of a district court decision. See In re Amends. to Fla. Rule of
App. Proc. 9.120 & 9.210, 307 So. 3d 626 (Fla. 2020). Because of
this requirement, a clause in rule 9.320(a) (Requests) reading
“except that in proceedings in which jurisdiction is invoked under
rule 9.030(a)(2)(A)(v), not later than 5 days after the filing of the
notice to invoke discretionary review” is deleted. Rule 9.320 will
instead tie requests for oral argument in discretionary review
proceedings to the service of jurisdictional briefs.
Next, rule 9.420 is amended to remove language stating that
petitions invoking the Court’s original jurisdiction under rule
9.030(a)(3), (b)(3), or (c)(3) must be served by e-mail pursuant to
rule 2.516(b)(1) and in paper format pursuant to rule 2.516(b)(2).
Because Florida Rule of General Practice and Judicial
Administration 2.516(b) (Service of Pleadings and Documents;
Service; How Made) contains guidance for paper service when such
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is required, rule 9.420(c) (Method of Service) will now simply state
that all documents must be served in conformity with rule 2.516(b).
Next, rule 9.800 is amended to replace an obsolete hyperlink
to the Florida Style Manual with a general reference to the manual
that does not require a rule amendment to be initiated anytime the
website address changes.
Finally, rule 9.900 is amended to include a reference to rule
9.200(b)(4), which explains how trial transcripts should be
organized. Specifically, a reference to rule 9.200(b)(4) is now
included in the note for Form 9.900(h), which describes deadlines
for requesting extensions of time for designation to court reporter
forms.
In addition to the procedural changes described above and the
minor technical revisions made to comply with the Guidelines, rules
9.147, 9.180, 9.200, 9.340, 9.420, and 9.900 are further amended
by replacing inconsistent language used throughout the ruleset for
lower tribunal clerks of court with more consistent terminology.
Accordingly, we amend the Florida Rules of Appellate
Procedure as reflected in the appendix to this opinion. New
language is indicated by underscoring; deletions are indicated by
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struck-through type. The amendments shall become effective on
January 1, 2024, at 12:01 a.m.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Appellate Procedure
Elaine D. Walter, Chair, Appellate Court Rules Committee, Miami,
Florida, Hon. Andrew D. Manko, Past Chair, Appellate Court Rules
Committee, Tallahassee, Florida, Joshua E. Doyle, Executive
Director, The Florida Bar, Tallahassee, Florida, and Heather Savage
Telfer, Bar Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
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Appendix
RULE 9.020. DEFINITIONS
The following terms have the meanings shown as used in
these rules:
(a) Administrative Action. Administrative action shall
includes:
(1) – (4) [No Change]
(b) [No Change]
(c) Court. The supreme court;, the district courts of appeal;,
and the circuit courts in the exercise of the jurisdiction described
by rule 9.030(c), including the chief justice of the supreme court
and the chief judge of a district court of appeal in the exercise of
constitutional, administrative, or supervisory powers on behalf of
such courts.
(d) – (g) [No Change]
(h) Rendition of an Order. An order is rendered when a
signed, written order is filed with the clerk of the lower tribunal.
(1) Motions Tolling Rendition. The following motions, if
authorized and timely filed, toll rendition unless another applicable
rule of procedure specifically provides to the contrary:
(A) – (G) [No Change]
(H) motion to correct a sentence or order of
probation pursuant tounder Florida Rule of Criminal Procedure
3.800(b)(1);
(I) motion to withdraw a plea after sentencing
pursuant tounder Florida Rule of Criminal Procedure 3.170(l);
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(J) motion to correct a disposition or commitment
order pursuant tounder Florida Rule of Juvenile Procedure
8.135(b);
(K) motion to claim ineffective assistance of
counsel following an order terminating parental rights pursuant
tounder Florida Rule of Juvenile Procedure 8.530(f); or
(L) motion to vacate an order based upon the
recommendations of a hearing officer in accordance with Florida
Family Law Rule of Procedure 12.491; or
(M) motion to withdraw a plea after disposition
under Florida Rule of Juvenile Procedure 8.075(f).
(2) Effect of Motions Tolling Rendition. If any timely and
authorized motion listed in subdivision (h)(1) of this rule has been
filed in the lower tribunal directed to a final order, the following
apply:
(A) the final order shallwill not be deemed
rendered as to any existing party until all of the motions are either
withdrawn by written notice filed in the lower tribunal or resolved
by the rendition of an order disposing of the last of such motions;
(B) [No Change]
(C) if a notice of appeal is filed before the rendition
of an order disposing of all such motions, the appeal shallmust be
held in abeyance until the motions are either withdrawn or resolved
by the rendition of an order disposing of the last such motion.
(i) Rendition of an Appellate Order. If any timely and
authorized motion under rules 9.330 or 9.331 is filed, the order
shallmust not be deemed rendered as to any party until all of the
motions are either withdrawn or resolved by the rendition of an
order.
(j) – (l) [No Change]
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Committee Notes
[No Change]
Court Commentary
[No Change]
RULE 9.147. APPEAL PROCEEDINGS TO REVIEW FINAL
ORDERS DISMISSING PETITIONS FOR JUDICIAL
WAIVER OF PARENTAL NOTICE AND CONSENT
OR CONSENT ONLY TO TERMINATION OF
PREGNANCY
(a) Applicability. Appeal proceedings to review final orders
dismissing a petition for judicial waiver of parental notice and
consent or consent only to the termination of a pregnancy shallwill
be as in civil cases, except as modified by this rule.
(b) Fees. No filing fee shallwill be required for any part of an
appeal of the dismissal of a petition for a judicial waiver of parental
notice and consent or consent only to the termination of a
pregnancy.
(c) Transmission of Notice of Appeal and Electronic
Record. If an unmarried minor or another person on her behalf
appeals an order dismissing a petition for judicial waiver of parental
notice and consent or consent only to the termination of a
pregnancy, the clerk of the lower tribunal shall prepare and
electronically transmit the record as described in rule 9.200(d)
within 2 days from the filing of the notice of appeal.Within 2 days of
the filing of the notice of appeal, the clerk of the lower tribunal must
electronically transmit the notice of appeal and the record
simultaneously. The clerk of the lower tribunal must prepare the
record as described in rule 9.200(d).
(d) Disposition of Appeal. The court shallmust render its
decision on the appeal as expeditiously as possible and no later
than 7 days from the transmittal of the recordreceipt of the notice of
appeal. If no decision is rendered within that time period, the order
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shall beis deemed reversed, the petition shall beis deemed granted,
and the clerk of the court shallmust place a certificate to that effect
in the file and provide the appellant, without charge, with a certified
copy of the certificate.
(e) [No Change]
(f) Confidentiality of Proceedings. The appeal and all
proceedings thereinwithin shallmust be confidential so that the
minor shall remains anonymous. The file shallmust remain sealed
unless otherwise ordered by the court.
(g) Procedure Following Reversal. If the dismissal of the
petition is reversed on appeal, the clerk of the court shallmust
furnish the appellant, without charge, with either a certified copy of
the decision or the clerk of the court’s certificate for delivery to the
minor’s physician.
Committee Notes
[No Change]
RULE 9.180. APPEAL PROCEEDINGS TO REVIEW WORKERS’
COMPENSATION CASES
(a) Applicability. Appellate review of proceedings in workers’
compensation cases shallwill be as in civil cases except as
specifically modified in this rule.
(b) Jurisdiction.
(1) Appeal. The First District Court of Appeal (the court)
shallmust review by appeal any final order, as well as any nonfinal
order of a lower tribunal that adjudicates:
(A) – (C) [No Change]
(2) Waiver of Review; Abbreviated Final Orders. Unless
a request for findings of fact and conclusions of law is timely filed,
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review by appeal of an abbreviated final order shallwill be deemed
waived. The filing of a timely request tolls the time within which an
abbreviated final order becomes final or an appeal may be filed.
(3) Commencement. Jurisdiction of the court under this
rule shallmust be invoked by filing a notice of appeal with the clerk
of the lower tribunal within 30 days of the date the lower tribunal
sends to the parties the order to be reviewed either by mail or by
electronic means approved by the deputy chief judge, which date
shallwill be the date of rendition. The filing fee prescribed by law
must be provided to the clerk or a verified petition for relief of
payment of the fee must be filed with the notice of appeal.
(4) Notice of Appeal. The notice shallmust be
substantially in the form prescribed by rule 9.900(a) or (c), and
shallmust contain a brief summary of the type of benefits affected,
including a statement setting forth the time periods involved which
shallmust be substantially in the following form:
I hereby certify that this appeal affects only the following periods
and classifications of benefits and medical treatment:
1. Compensation for .....(TTD, TPD, wage loss,
impairment benefits, PTD, funeral benefits, or death benefits).....
from .....(date)..... to .....(date)......
2. Medical benefits.
3. Rehabilitation.
4. Reimbursement from the SDTF for benefits paid
from .....(date)..... to .....(date)......
5. Contribution for benefits paid from .....(date)..... to
.....(date)......
(c) Jurisdiction of Lower Tribunal.
(1) [No Change]
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(2) Settlement. At any time before the record on appeal
is transmitted to the court, the lower tribunal shallwill have the
authority to approve settlements or correct clerical errors in the
order appealed.
(3) Relinquishment of Jurisdiction by Court to Consider
Settlement. If, after the record on appeal is transmitted, settlement
is reached, the parties shallmust file a joint motion stating that a
settlement has been reached and requesting relinquishment of
jurisdiction to the lower tribunal for any necessary approval of the
settlement. The court may relinquish jurisdiction for a specified
period for entry of an appropriate order. In the event the Division of
Workers’ Compensation has advanced the costs of preparing the
record on appeal or the filing fee, a copy of the joint motion
shallmust be furnished to the divisionDivision of Workers’
Compensation by the appellant.
(A) Notice. On or before the date specified in the
order relinquishing jurisdiction, the parties shallmust file a joint
notice of disposition of the settlement with a conformed copy of any
order entered on the settlement.
(B) Costs. Any order approving a settlement
shallmust provide where appropriate for the assessment and
recovery of appellate costs, including any costs incurred by the
divisionDivision of Workers’ Compensation for insolvent appellants.
(d) Benefits Affected. Benefits specifically referenced in the
notice of appeal may be withheld as provided by law pending the
outcome of the appeal. Otherwise, benefits awarded shallmust be
paid as required by law.
(1) Abandonment. If the appellant or cross-appellant
fails to argue entitlement to benefits set forth in the notice of appeal
in the appellant’s or cross-appellant’s initial brief, the challenge to
such benefits shallwill be deemed abandoned. If there is a dispute
as to whether a challenge to certain benefits has been abandoned,
the court upon motion shallwill make that determination.
(2) [No Change]
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(3) Payment of Benefits After Appeal. If benefits are
ordered paid by the court on completion of the appeal, they
shallmust be paid, together with interest as required under section
440.20, Florida Statutes, within 30 days after the court’s mandate.
If the order of the court is appealed to the supreme court, benefits
determined due by the court may be stayed in accordance with rule
9.310. Benefits ordered paid by the supreme court shallmust be
paid within 30 days of the court’s mandate.
(e) Intervention by Division of Workers’ Compensation.
(1) [No Change]
(2) Supreme Court of Florida. If review of an order of the
court is sought in the supreme court, the divisionDivision of
Workers’ Compensation may intervene in accordance with these
rules. The clerk of the supreme court shallmust provide a copy of
the pertinent documents to the divisionDivision of Workers’
Compensation.
(3) Division of Workers’ Compensation Not a Party Until
Notice to Intervene Is Filed. Until the notice of intervention is filed,
the divisionDivision of Workers’ Compensation shallwill not be
considered a party.
(f) Record Contents; Final Orders.
(1) Transcript; Order; Other Documents. The record
shallmust contain the claim(s) or petition(s) for benefits, notice(s) of
denial, pretrial stipulation, pretrial order, trial memoranda,
depositions or exhibits admitted into evidence, any motion for
rehearing and response, order on motion for rehearing, transcripts
of any hearings before the lower tribunal, and the order appealed.
The parties may designate other items for inclusion in or omission
from the record in accordance with rule 9.200.
(2) Proffered Evidence. Evidence proffered but not
introduced into evidence at the hearing shallwill not be considered
unless its admissibility is an issue on appeal and the question is
properly designated for inclusion in the record by a party.
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(3) Certification; Transmission. The lower tribunal
shallmust certify and transmit the record to the court as prescribed
by these rules.
(4) Stipulated Record. The parties may stipulate to the
contents of the record. In such a case the record shallwill consist of
the stipulated statement and the order appealed which the lower
tribunal shallmust certify as the record on appeal.
(5) Costs.
(A) Notice of Estimated Costs. Within 5 days after
the contents of the record have been determined under these rules,
the lower tribunal shallmust notify the appellant of the estimated
cost of preparing the record. The lower tribunal also shallmust
notify the Division of Workers’ Compensation of the estimated
record costs if the appellant files a verified petition to be relieved of
costs and a sworn financial affidavit.
(B) Deposit of Estimated Costs. Within 2015 days
after the notice of estimated costs is served, the appellant shallmust
deposit a sum of money equal to the estimated costs with the lower
tribunal.
(C) Failure to Deposit Costs. If the appellant fails
to deposit the estimated costs within the time prescribed, the lower
tribunal shallmust notify the court, which may dismiss the appeal.
(D) [No Change]
(E) Costs. If additional costs are incurred in
correcting, amending, or supplementing the record, the lower
tribunal shallmust assess such costs against the appropriate party.
If the Division of Workers’ Compensation is obligated to pay the
costs of the appeal due to the appellant’s indigency, it must be
given notice of any proceeding to assess additional costs. Within 15
days after the entry of the order assessing costs, the assessed party
must deposit the sums so ordered with the lower tribunal. The
lower tribunal shallmust promptly notify the court if costs are not
deposited as required.
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(6) Transcript(s) of Proceedings.
(A) Selection of Approved Court Reporter by Lower
Tribunal. The deputy chief judge of compensation claims shallwill
select an approved court reporter or an approved transcriptionist to
transcribe any hearing(s). The deputy chief judge who makes the
selection shallmust give the parties notice of the selection.
(B) Objection to Court Reporter or Transcriptionist
Selected. Any party may object to the court reporter or
transcriptionist selected by filing written objections with the judge
who made the selection within 2015 days after service of notice of
the selection. Within 5 days after filing the objection, the judge
shallmust hold a hearing on the issue. In such a case, the time
limits mandated by these rules shallwill be appropriately extended.
(C) Certification of Transcript by Court Reporter or
Transcriptionist. The court reporter or transcriptionist selected by
the deputy chief judge of compensation claims shallmust certify and
deliver an electronic version of the transcript(s) to the clerk of the
office of the judges of compensation claims. The transcript(s)
shallmust be delivered in sufficient time for the clerk of the office of
the judges of compensation claims to incorporate transcript(s) in
the record. The court reporter or transcriptionist shallmust
promptly notify all parties in writing when the transcript(s) is
delivered to the clerk of the office of the judges of compensation
claims.
(7) Preparation; Certification; Transmission of the
Record. The deputy chief judge of compensation claims shallmust
designate the person to prepare the record. The clerk of the office of
the judges of compensation claims shallmust supervise the
preparation of the record. The record shallmust be transmitted to
the lower tribunal in sufficient time for the lower tribunal to review
the record and transmit it to the court. The lower tribunal
shallmust review the original record, certify that it was prepared in
accordance with these rules, and within 60 days of the notice of
appeal being filed transmit the record to the court. The lower
tribunal shallmust provide a Portable Document Format (“PDF”) file
of the record to all counsel of record and all unrepresented parties.
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(8) [No Change]
(9) Applicability of Rule 9.200. Rules 9.200(a)(3), (c), (d),
and (f) shall apply to preparation of the record in appeals under this
rule.
(g) Relief From Filing Fee and Cost; Indigency.
(1) [No Change]
(2) Filing Fee.
(A) – (B) [No Change]
(C) Verified Petition; Contents. The verified
petition or motion shallmust contain a statement by the appellant
to be relieved of paying filing fees due to indigency and the
appellant’s inability to pay the charges. The petition shallmust
request that the lower tribunal enter an order or certificate of
indigency. One of the following shallmust also be filed in support of
the verified petition or motion:
(i) [No Change]
(ii) If the appellant is represented by counsel,
counsel shallmust certify that counsel has investigated:
a. – b. [No Change]
Counsel shallmust also certify that counsel has not been paid or
promised payment of a fee or other remuneration for such legal
services except for the amount, if any, ultimately approved by the
lower tribunal to be paid by the employer/carrier if such
entitlement is determined by the court.
(D) Service. The appellant shallmust serve a copy
of the verified petition or motion of indigency, including the
appellant’s financial affidavit or counsel’s certificate, whichever is
applicable, on all interested parties and the clerk of the court.
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(E) Order or Certificate of Indigency. The lower
tribunal shallmust review the verified petition or motion for
indigency and supporting documents without a hearing, and if the
lower tribunal finds compliance with section 57.081(1), Florida
Statutes, may issue a certificate of indigency or enter an order
granting said relief, at which time the appellant may proceed
without further application to the court and without payment of any
filing fees. If the lower tribunal enters an order denying relief, the
appellant shallmust deposit the filing fee with the lower tribunal
within 15 days from the date of the order unless timely review is
sought by motion filed with the court.
(3) Costs of Preparation of Record.
(A) Authority. An appellant may be relieved in
whole or in part from the costs of the preparation of the record on
appeal by filing with the lower tribunal a verified petition to be
relieved of costs and a copy of the designation of the record on
appeal. The verified petition to be relieved of costs shallmust
contain a sworn financial affidavit as described in subdivision
(g)(3)(D).
(B) Time. The verified petition to be relieved of
costs must be filed within 2015 days after service of the notice of
estimated costs. A verified petition filed prior tobefore the date of
service of the notice of estimated costs shallwill be deemed not
timely.
(C) Verified Petition; Contents. The verified
petition shallmust contain a request by the appellant to be relieved
of costs due to insolvency. The petition also shallmust include a
statement by the appellant’s attorney or the appellant, if not
represented by an attorney, that the appeal was filed in good faith
and the court reasonably could find reversible error in the record
and shallmust state with particularity the specific legal and factual
grounds for that opinion.
(D) Sworn Financial Affidavit; Contents. With the
verified petition to be relieved of costs, the appellant shallmust file a
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sworn financial affidavit listing income and assets, including
marital income and assets, and expenses and liabilities.
(E) Verified Petition and Sworn Financial Affidavit;
Service. The appellant shallmust serve a copy of the verified petition
to be relieved of costs, including the sworn financial affidavit, on all
interested parties, including the Division of Workers’ Compensation,
the office of general counsel of the Department of Financial
Services, and the clerk of the court.
(F) Hearing on Petition to Be Relieved of Costs.
After giving 15 days’ notice to the Division of Workers’
Compensation and all parties, the lower tribunal shallmust
promptly hold a hearing and rule on the merits of the petition to be
relieved of costs. However, if no objection to the petition is filed by
the division or a party within 3020 days after the petition is served,
the lower tribunal may enter an order on the merits of the petition
without a hearing.
(G) Extension of Appeal Deadlines. If the petition
to be relieved of the entire cost of the preparation of the record on
appeal is granted, the 60-day period allowed under these rules for
the preparation of the record shallwill begin to run from the date of
the order granting the petition. If the petition to be relieved of the
cost of the record is denied or only granted in part, the petitioner
shallmust deposit the estimated costs with the lower tribunal, or file
a motion requesting a determination of indigency, within 15 days
from the date the order denying the petition is entered. The 60-day
period allowed under these rules for the preparation of the record
shallwill begin from the date the estimated cost is deposited with
the lower tribunal. If the petition to be relieved of the cost of the
record is withdrawn before ruling, then the petitioner shallmust
deposit the estimated costs with the lower tribunal at the time the
petition is withdrawn and the 60-day period for preparation of the
record shallwill begin to run from the date the petition is
withdrawn.
(H) Payment of Cost for Preparation of Record by
Administration Trust Fund. If the petition to be relieved of costs is
granted, the lower tribunal may order the Workers’ Compensation
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Administration Trust Fund to pay the cost of the preparation of the
record on appeal pending the final disposition of the appeal. The
lower tribunal shallmust provide a copy of such order to all
interested parties, including the division, general counsel of the
Department of Financial Services, and the clerk of the court.
(I) Reimbursement of Administration Trust Fund
If Appeal Is Successful. If the Administration Trust Fund has paid
the costs of the preparation of the record and the appellant prevails
at the conclusion of the appeal, the appellee shallmust reimburse
the fund the costs paid within 30 days of the mandate issued by the
court or supreme court under these rules.
(h) Briefs and Motions Directed to Briefs.
(1) Briefs; Final Order Appeals. Within 30 days after the
lower tribunal certifies the record to the court, the appellant
shallmust serve the initial brief. Additional briefs shallmust be
served as prescribed by rule 9.210.
(2) Briefs; Nonfinal Appeals. The appellant’s initial brief,
accompanied by an appendix as prescribed by rule 9.220,
shallmust be served within 15 days of filing the notice. Additional
briefs shallmust be served as prescribed by rule 9.210.
(3) Motions to Strike. Motions to strike a brief or
portions of a brief will not be entertained by the court. However, a
party, in its own brief, may call to the court’s attention a breach of
these rules. If no further responsive brief is authorized,
noncompliance may be brought to the court’s attention by filing a
suggestion of noncompliance. Statements in briefs not supported by
the record shallwill be disregarded and may constitute cause for
imposition of sanctions.
(i) Attorneys’ Fees and Appellate Costs.
(1) Costs. Appellate costs shallmust be taxed as
provided by law. Taxable costs shallwill include those items listed in
rule 9.400 and costs for a transcript included in an appendix as
part of an appeal of a nonfinal order.
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(2) Attorneys’ Fees. A motion for attorneys’ fees
shallmust be served in accordance with rule 9.400(b).
(3) Entitlement and Amount of Fees and Costs. If the
court determines that an appellate fee is due, the lower tribunal
shallwill have jurisdiction to conduct hearings and consider
evidence regarding the amount of the attorneys’ fee and costs due
at any time after the mandate, if applicable, or the final order or
opinion disposing of the case is issued, whichever is later.
(4) Review. Review shallwill be in accordance with rule
9.400(c).
Committee Notes
[No Change]
RULE 9.200. THE RECORD
(a) Contents.
(1) Except as otherwise designated by the parties, the
record shallmust consist of all documents filed in the lower
tribunal, all exhibits that are not physical evidence, and any
transcript(s) of proceedings filed in the lower tribunal, except
summonses, praecipes, subpoenas, returns, notices of hearing or of
taking deposition, depositions, and other discovery. In criminal
cases, when any exhibit, including physical evidence, is to be
included in the record, the clerk of the lower tribunal shallmust
not, unless ordered by the court, transmit the original and, if
capable of reproduction, shallmust transmit a copy, including but
not limited to copies of any tapes, CDs, DVDs, or similar
electronically recorded evidence. The record shallmust also include
a progress docket.
(2) Within 10 days of filing the notice of appeal, an
appellant may direct the clerk of the lower tribunal to include or
exclude other documents or exhibits filed in the lower tribunal. The
directions shallmust be substantially in the form prescribed by rule
9.900(g). If the clerk of the lower tribunal is directed to transmit
- 21 -
less than the entire record or a transcript of trial with less than all
of the testimony, the appellant shallmust serve with such direction
a statement of the judicial acts to be reviewed. Within 20 days of
filing the notice, an appellee may direct the clerk of the lower
tribunal to include additional documents and exhibits.
(3) The parties may prepare a stipulated statement
showing how the issues to be presented arose and were decided in
the lower tribunal, attaching a copy of the order to be reviewed and
as much of the record in the lower tribunal as is necessary to a
determination of the issues to be presented. The parties shallmust
advise the clerk of the lower tribunal of their intention to rely on a
stipulated statement in lieu of the record as early in advance of
filing as possible. The stipulated statement shallmust be filed by the
parties and transmitted to the court by the clerk of the lower
tribunal within the time prescribed for transmittal of the record.
(b) Transcript(s) of Proceedings.
(1) Designation to Court Reporter. Within 10 days of
filing the notice of appeal, the appellant shallmust designate those
portions of the proceedings not on file deemed necessary for
transcription and inclusion in the record and shallmust serve the
designation on the approved court reporter, civil court reporter, or
approved transcriptionist. Within 20 days of filing the notice of
appeal, an appellee may designate additional portions of the
proceedings and shallmust serve the designation on the approved
court reporter, civil court reporter, or approved transcriptionist.
Copies of designations shallmust be served on the approved court
reporter, civil court reporter, or approved transcriptionist. Costs of
the transcript(s) so designated shallwill be borne initially by the
designating party, subject to appropriate taxation of costs as
prescribed by rule 9.400. At the time of the designation, unless
other satisfactory arrangements have been made, the designating
party must make a deposit of 1/2 of the estimated transcript costs,
and must pay the full balance of the fee on delivery of the completed
transcript(s).
(2) Court Reporter’s Acknowledgment. On service of a
designation, the approved court reporter, civil court reporter, or
- 22 -
approved transcriptionist shallmust acknowledge at the foot of the
designation the fact that it has been received and the date on which
the approved court reporter, civil court reporter, or approved
transcriptionist expects to have the transcript(s) completed and
shallmust serve the so-endorsed designation on the parties and file
it with the clerk of the courtlower tribunal within 5 days of service.
If the transcript(s) cannot be completed within 30 days of service of
the designation, the approved court reporter, civil court reporter, or
approved transcriptionist shallmust request such additional time as
is reasonably necessary and shallmust state the reasons therefor. If
the approved court reporter, civil court reporter, or approved
transcriptionist requests an extension of time, the court shallmust
allow the parties 5 days in which to object or agree. The court
shallmust approve the request or take other appropriate action and
shallmust notify the reporter and the parties of the due date of the
transcript(s).
(3) Time for Service of Transcript. Within 30 days of
service of a designation, or within the additional time provided for
under subdivision (b)(2) of this rule, the approved court reporter,
civil court reporter, or approved transcriptionist shallmust
transcribe and file with the clerk of the lower tribunal the
designated proceedings and shallmust serve copies as requested in
the designation. If a designating party directs the approved court
reporter, civil court reporter, or approved transcriptionist to furnish
the transcript(s) to fewer than all parties, that designating party
shallmust serve a copy of the designated transcript(s) on the parties
within 10 days of receipt from the approved court reporter, civil
court reporter, or approved transcriptionist.
(4) Organization of Transcript. The transcript of the trial
shallmust be filed with the clerk of the lower tribunal separately
from the transcript(s) of any other designated proceedings. The
transcript of the trial shallmust be followed by a master trial index
containing the names of the witnesses, a list of all exhibits offered
and introduced in evidence, and the pages where each may be
found. The pages, including the index pages, shallmust be
consecutively numbered, beginning with page 1. The pages
shallmust not be condensed.
- 23 -
(5) Statement of Evidence or Proceedings. If no report of
the proceedings was made, or if the transcript is unavailable, a
party may prepare a statement of the evidence or proceedings from
the best available means, including the party’s recollection. The
statement shallmust be served on all other parties, who may serve
objections or proposed amendments to it within 15 days of service.
Thereafter, the statement and any objections or proposed
amendments shallmust be filed with the lower tribunal for
settlement and approval. As settled and approved, the statement
shallmust be included by the clerk of the lower tribunal in the
record.
(c) Cross-Appeals. Within 20 days of filing the notice of
appeal, a cross-appellant may direct that additional documents,
exhibits, or transcript(s) be included in the record. If less than the
entire record is designated, the cross-appellant shallmust serve,
with the directions, a statement of the judicial acts to be reviewed.
The cross-appellee shallwill have 15 days after such service to
direct further additions. The time for preparation and transmittal of
the record shallwill be extended by 10 days.
(d) Preparation and Transmission of Electronic Record.
(1) The clerk of the lower tribunal shallmust prepare
the record as follows:
(A) The clerk of the lower tribunal shallmust
assemble the record on appeal and prepare a cover page and a
complete index to the record. The cover page shallmust include the
name of the lower tribunal, the style and number of the case, and
the caption RECORD ON APPEAL in 48-point bold font. Consistent
with Florida Rule of General Practice and Judicial Administration
2.420(g)(8), the index shallmust indicate any confidential
information in the record and if the information was determined to
be confidential in an order, identify such order by date or docket
number and record page number. The clerk of the lower tribunal
shallwill not be required to verify and shallwill not charge for the
incorporation of any transcript(s) into the record. The transcript of
the trial shallmust be kept separate from the remainder of the
record on appeal and shallmust not be renumbered by the clerk of
- 24 -
the lower tribunal. The progress docket shallmust be incorporated
into the record immediately after the index.
(B) All pages of the record shallmust be
consecutively numbered. Any transcripts other than the transcript
of the trial shallmust continue the pagination of the record pages.
Supplements permitted after the clerk of the lower tribunal has
transmitted the record to the court shallmust be submitted by the
clerk of the lower tribunal as separate Portable Document Format
(“PDF”) files in which pagination is consecutive from the original
record and continues through each supplement.
(C) The entire record, except for the transcript of
the trial, shallmust be compiled into a single PDF file. The PDF file
shallmust be:
(i) – (iii) [No Change]
(2) The transcript of the trial shallmust be converted
into a second PDF file. The PDF file shallmust be:
(A) – (B) [No Change]
(3) The clerk of the lower tribunal shallmust certify the
record, redact the PDF files of the record and the transcript of the
trial pursuant tounder Florida Rule of General Practice and Judicial
Administration 2.420(d), and transmit the redacted PDF files to the
court by the method described in subdivisions (d)(4) of this rule. By
request or standing agreement with the clerk of the lower tribunal,
counsel of record or a pro se party may obtain the record and the
transcript of the trial that are unredacted to the extent permitted
for access by the requestor. No formal motion shallwill be required.
The clerk of the lower tribunal shallmust certify the less redacted
record and transmit the PDF files to the court by the method
described in subdivision (d)(4) of this rule or file a notice of inability
to complete or transmit the record, specifying the reason.
(4) The clerk of the lower tribunal shallmust transmit
the record and the transcript of the trial to the court by uploading
the PDF files:
- 25 -
(A) – (B) [No Change]
(5) The court shallmust upload the electronic record to
the electronic filing (e-filing) system docket. Attorneys and those
parties who are registered users of the court’s e-filing system may
download the electronic record in their case(s).
(e) Duties of Appellant or Petitioner. The burden to ensure
that the record is prepared and transmitted in accordance with
these rules shallwill be on the petitioner or the appellant. Any party
may enforce the provisions of this rule by motion.
(f) Correcting and Supplementing Record.
(1) [No Change]
(2) If the court finds the record is incomplete, it
shallmust direct a party to supply the omitted parts of the record.
No proceeding shallwill be determined, because of an incomplete
record, until an opportunity to supplement the record has been
given.
(3) [No Change]
Committee Notes
[No Change]
RULE 9.320. ORAL ARGUMENT
(a) Requests. Oral argument may be permitted in any
proceeding. A request for oral argument shallmust be in a separate
document served by a party:
(1) – (3) [No Change]
(4) in proceedings governed by rule 9.120, not later
than the date the party’s brief on jurisdiction is due to be served,
except that in proceedings in which jurisdiction is invoked under
- 26 -
rule 9.030(a)(2)(A)(v), not later than 5 days after the filing of the
notice to invoke discretionary review.
(b) – (c) [No Change]
(d) Requests to the Supreme Court of Florida. A request
for oral argument to the supreme court shallmust include a brief
statement regarding why oral argument would enhance the
supreme court’s consideration of the issues to be raised. A party
may file a response to the request within 5 days of the filing of the
request. No reply shallwill be permitted.
(e) Use of Communication Technology.
(1) [No Change]
(2) Request to Participate by Communication Technology.
A request may be made by a party for one1 or more of the parties to
participate in oral argument through the use of communication
technology. Such request must be included in the request for oral
argument under subdivision (a). The request must state the reason
for requesting participation by communication technology.
(3) – (5) [No Change]
Committee Notes
[No Change]
RULE 9.340. MANDATE
(a) Issuance and Recall of Mandate. Unless otherwise
ordered by the court or provided by these rules, the clerk of the
court shallmust issue such mandate or process as may be directed
by the court after expiration of 15 days from the date of an order or
decision. A copy thereof, or notice of its issuance, shallmust be
served on all parties. The court may direct the clerk of the court to
recall the mandate, but not more than 120 days after its issuance.
- 27 -
(b) Extension of Time for Issuance of Mandate. Unless
otherwise provided by these rules, if a timely motion for rehearing,
clarification, certification, or issuance of a written opinion has been
filed, the time for issuance of the mandate or other process shallwill
be extended until 15 days after rendition of the order denying the
motion, or, if granted, until 15 days after the cause has been fully
determined.
(c) Entry of Money Judgment. If a judgment of reversal is
entered that requires the entry of a money judgment on a verdict,
the mandate shallwill be deemed to require such money judgment
to be entered as of the date of the verdict.
Committee Notes
[No Change]
RULE 9.420. FILING; SERVICE OF COPIES; COMPUTATION OF
TIME
(a) Filing.
(1) Generally. Filing may be accomplished in a manner
in conformity with the requirements of Florida Rule of General
Practice and Judicial Administration 2.525.
(2) Inmate Filing. The filing date of a document filed by
a pro se inmate confined in an institution shallwill be presumed to
be the date it is stamped for filing by the clerk of the court, except
as follows:
(A) the document shallwill be presumed to be filed
on the date the inmate places it in the hands of an institutional
official for mailing if the institution has a system designed for legal
mail, the inmate uses that system, and the institution’s system
records that date; or
(B) the document shallwill be presumed to be filed
on the date reflected on a certificate of service contained in the
- 28 -
document if the certificate is in substantially the form prescribed by
subdivision (d)(1) of this rule and either:
(i) – (ii) [No Change]
(b) Service.
(1) By a Party or Amicus Curiae. All documents
shallmust be filed either before service or immediately thereafter. A
copy of all documents filed under these rules shallmust, before
filing or immediately thereafter, be served on each of the parties.
The lower tribunal, before the record is transmitted, or the court, on
motion, may limit the number of copies to be served.
(2) By the Clerk of the Court. A copy of all orders and
decisions shallmust be transmitted, in the manner set forth for
service in rule 9.420(c), by the clerk of the court to all parties at the
time of entry of the order or decision, without first requiring
payment of any costs for the copies of those orders and decisions.
Prior toBefore the court’s entry of an order or decision, the court
may require that the parties furnish the court with stamped,
addressed envelopes for transmission of the order or decision.
(c) Method of Service. Service of every document filed in a
proceeding governed by these rules (including any briefs, motions,
notices, responses, petitions, and appendices) shallmust be made in
conformity with the requirements of Florida Rule of General Practice
and Judicial Administration 2.516(b), except that petitions invoking
the original jurisdiction of the court under rule 9.030(a)(3), (b)(3), or
(c)(3) shall be served both by e-mail pursuant to rule 2.516(b)(1)
and in paper format pursuant to rule 2.516(b)(2). Service of any
document required to be served but not filed contemporaneously
shallmust be made in conformity with the requirements of Florida
Rule of General Practice and Judicial Administration 2.516, unless
a court orders, a statute specifies, or a supreme court
administrative order specifies a different means of service.
(d) Proof of Service. A certificate of service by an attorney
that complies in substance with the requirements of Florida Rule of
General Practice and Judicial Administration 2.516(f) and a
- 29 -
certificate of service by a pro se party that complies in substance
with the appropriate form below shallwill be taken as prima facie
proof of service in compliance with these rules. The certificate
shallmust specify the party each attorney represents.
(1) – (2) [No Change]
(e) Computation. Computation of time shall beis governed
by Florida Rule of General Practice and Judicial Administration
2.514.
Committee Notes
[No Change]
Court Commentary
[No Change]
RULE 9.800. UNIFORM CITATION SYSTEM
This rule applies to all legal documents, including court
opinions. Except for citations to case reporters, all citation forms
should be spelled out in full if used as an integral part of a sentence
either in the text or in footnotes. Abbreviated forms as shown in
this rule should be used if the citation is intended to stand alone
either in the text or in footnotes.
(a) – (c) [No Change]
(d) Florida Administrative Agencies.
(1) – (3) [No Change]
(4) Decisions that are not available online may be cited
to an administrative law reporter as follows if published therein:
(A) – (D) [No Change]
- 30 -
(E) Florida Public Employee Reporter: Delgado v.
Sch. Dist. of Broward Cty., 36 F.P.E.R. 207 (Fla. Pub. Emp. Rel.
Comm’n Gen. Counsel 2010);
(F) Florida Public Service Commission Reporter: In
re Nuclear Cost Recovery Clause, 2013 F.P.S.C. 10:149 (Fla. Pub.
Serv. Comm’n 2013);
(G) – (I) [No Change]
(e) – (o) [No Change]
(p) Other Citations. AFor all other citations shall be in, use
the form prescribed by the latest edition of The Bluebook: A Uniform
System of Citation, The Harvard Law Review Association, Gannett
House, Cambridge, MA 02138. CFor citations not covered in this
rule or in The Bluebook, shall be inuse the form prescribed by the
latest edition of the Florida Style Manual (available at
www.law.fsu.edu/lawreview/florida-style-manualonline) published
by the Florida State University Law Review, Tallahassee, FL 32306.
(q) Case Names. CUnderscore or italicize case names shall
be underscored or italicized in text and in footnotes.
Committee Notes
[No Change]
- 31 -
RULE 9.900. FORMS
(a) Notice of Appeal.
IN THE .....(NAME OF THE LOWER
TRIBUNAL WHOSE ORDER IS TO
BE REVIEWED).....
Case No.
,)
Defendant/Appellant, )
)
v. ) NOTICE OF APPEAL
)
,)
Plaintiff/Appellee. )
)
NOTICE IS GIVEN that , Defendant/Appellant, appeals to the
.....(name of court that has appellate jurisdiction)....., the order of this court
rendered [see rule 9.020(h)] .....(date)...... [Conformed copies of orders
designated in the notice of appeal shallmust be attached in accordance with
rules 9.110(d), and 9.160(c).] The nature of the order is a final order .....(state
nature of the order)...... [If a motion postponing rendition is pending in the
lower tribunal, state the nature of the motion and the date it was filed.]
Attorney for .....(name of party).....
.....(address, e-mail address, and
phone number).....
Florida Bar No. ....................
- 32 -
(b) Notice of Cross-Appeal.
IN THE .....(NAME OF THE LOWER
TRIBUNAL WHOSE ORDER IS TO
BE REVIEWED).....
Case No.
,)
Defendant/Appellant,/ )
Cross-Appellee, )
)
v. ) NOTICE OF CROSS-APPEAL
)
,)
Plaintiff/Appellee/ )
Cross-Appellant. )
)
NOTICE IS GIVEN that , Plaintiff/Cross-Appellant, appeals to
the .....(name of court that has appellate jurisdiction)....., the order of this court
rendered [see rule 9.020(h)] .....(date)...... The nature of the order is a final
order .....(state nature of the order)......
Attorney for .....(name of party).....
.....(address, e-mail address, and
phone number).....
Florida Bar No. ....................
- 33 -
(c) Notice of Appeal of Nonfinal Order.
(1) Notice of Appeal of Nonfinal Order.
IN THE .....(NAME OF THE LOWER
TRIBUNAL WHOSE ORDER IS TO
BE REVIEWED).....
Case No.
,)
Defendant/Appellant, )
)
v. ) NOTICE OF APPEAL OF A
) NONFINAL ORDER
,)
Plaintiff/Appellee. )
)
)
NOTICE IS GIVEN that , Defendant/Appellant, appeals to
the .....(name of court that has appellate jurisdiction)....., the order of this court
rendered [see rule 9.020(h)] .....(date)...... [Conformed copies of orders
designated in the notice of appeal shallmust be attached in accordance with
rules 9.110(d), 9.130(c), and 9.160(c).] The nature of the order is a nonfinal
order .....(state nature of the order)......
Attorney for .....(name of party).....
.....(address, e-mail address, and
phone number).....
Florida Bar No. ....................
(2) [No Change]
(d) [No Change]
- 34 -
(e) Notice of Administrative Appeal.
IN THE .....(NAME OF AGENCY,
OFFICER, BOARD, COMMISSION,
OR BODY WHOSE ORDER IS TO BE
REVIEWED).....
Case No.
,)
Defendant*/Appellant, )
)
v. ) NOTICE OF ADMINISTRATIVE
) APPEAL
,)
Plaintiff*/Appellee. )
)
)
NOTICE IS GIVEN that , Appellant, appeals to the .....(name
of court that has appellate jurisdiction)....., the order of this .....(name of
agency, officer, board, commission, or body whose order is to be reviewed).....
rendered [see rule 9.020(h)] .....(date)...... [Conformed copies of orders
designated in the notice of appeal shallmust be attached in accordance with
rules 9.110(d) and 9.130(c).] The nature of the order is .....(state nature of the
order)......
Attorney for .....(name of party).....
.....(address, e-mail address, and
phone number).....
Florida Bar No. ....................
*or other appropriate designation.
- 35 -
(f) Notice of Appeal of an Order Dismissing a Petition for
a Judicial Waiver of Parental Notice and Consent or Consent
Only to Termination of Pregnancy and Advisory Notice to
Minor.
IN THE CIRCUIT COURT FOR THE
JUDICIAL CIRCUIT
(NUMERICAL DESIGNATION OF
THE CIRCUIT) IN AND FOR
COUNTY, FLORIDA
Case No.
In re: Petition for a Judicial )
Waiver of Parental Notice and )
Consent or Consent Only to )
Termination of Pregnancy. )
) NOTICE OF APPEAL
)
(Your pseudonym or initials) )
)
Appellant. )
)
NOTICE IS GIVEN that .....(your pseudonym or initials)....., appeals to
the .....(District Court of Appeal with appellate jurisdiction)....., the order of this
court rendered .....(enter the date that the order was filed on the clerk’s of the
lower tribunal’s docket)..... [See rule 9.020(h)]. The nature of the order is a final
order dismissing a petition for a judicial waiver of parental notice and consent
or consent only to termination of pregnancy.
Signature:
(As signed on your petition for
judicial waiver if you are
representing yourself)
Date:
OR
Attorney for
(pseudonym or initials of appellant)
(address, e-mail address, and phone
number of attorney)
Florida Bar No.
- 36 -
ADVISORY NOTICE TO THE MINOR
YOU ARE NOTIFIED AS FOLLOWS:
1. You are entitled to appeal the order dismissing your petition for a
judicial waiver of parental notice and consent or consent only to termination of
pregnancy. You do not have to pay a filing fee for the appeal.
2. If you wish to appeal, you must file a notice of appeal with the
circuit court in which your case was heard. A form for the notice of appeal (Fla.
R. App. P.Fla. R. App. P. 9.900(f)) will be provided to you with the order
dismissing your petition. You must fill in every blank on the form with the
information requested. If you need assistance with the form, the clerk of the
circuit court will help you complete it.
3. You must file the notice of appeal with the clerk of the circuit court
where your case was heard. The notice of appeal must be filed within thirty (30)
days of the date when the judge’s written order dismissing your petition was
filed with the clerk of the circuit court. If you do not file your notice of appeal
within this time period your appeal will not be heard.
4. The notice of appeal is the only document you need to file in
connection with your appeal. You may file a motion to seek permission to file a
brief in your case, or to request oral argument of your case. These motions or
any other motions or documents you file concerning your appeal, except the
notice of appeal, must be mailed or delivered to the appellate court for filing, or
electronically filed with the appellate court. The appellate court that will be
reviewing your case is:
The District Court of Appeal
(address of the District Court)
Telephone number:
(Note: The clerk of the circuit court will fill in the blanks above with the
appropriate court information).
5. You may request a lawyer to represent you in your appeal. You
must tell the judge who heard your petition for a judicial waiver of parental
notice and consent or consent only to termination of pregnancy that you wish
to have a lawyer appointed.
- 37 -
(g) Directions to Clerk of the Lower Tribunal.
IN THE .....(NAME OF THE LOWER
TRIBUNAL WHOSE ORDER IS TO
BE REVIEWED).....
Case No.
,)
Plaintiff/Appellant, )
)
v. ) DIRECTIONS TO CLERK
)
,)
Defendant/Appellee. )
)
)
Plaintiff/Appellant, , directs the clerk to
.....(include/exclude)..... the following items .....(in/from)..... the record
described in rule 9.200(a)(1):
ITEM DATE FILED
1.
[List of Desired Items]
2.
Note: This form is necessary only if a party does not wish to rely on the
record that will be automatically prepared by the clerk of the lower tribunal
under rule 9.200(a)(1).
- 38 -
(h) Designation to Approved Court Reporter, Civil Court
Reporter, or Approved Transcriptionist.
IN THE .....(NAME OF THE LOWER
TRIBUNAL WHOSE ORDER IS TO
BE REVIEWED).....
Case No.
,)
Plaintiff/Appellant, ) DESIGNATION TO APPROVED
) COURT REPORTER, CIVIL COURT
v. ) REPORTER, OR APPROVED
) TRANSCRIPTIONIST, AND
,) REPORTER’S OR APPROVED
Defendant/Appellee. ) TRANSCRIPTIONIST’S
) ACKNOWLEDGMENT
)
I. DESIGNATION
Plaintiff/Appellant, , files this Designation to Approved
Court Reporter, Civil Court Reporter, or Approved Transcriptionist and directs
.....(name of approved court reporter, civil court reporter, or approved
transcriptionist)..... to transcribe the following portions of the trial proceedings
to be used in this appeal [for cases where a party is exempt from service by
electronic mail as set forth in the Florida Rules of General Practice and Judicial
Administration, state the following, and provide paper copies of the
transcript(s) in paper format]:
1. The entire trial proceedings recorded by the reporter on
.....(date)....., before the Honorable .....(judge)....., except
.
2. [Indicate all other portions of reported proceedings.]
3. The approved court reporter, civil court reporter, or approved
transcriptionist is directed to file the original with the clerk of the lower
tribunal and to serve one1 copy on each of the following:
1.
2.
3.
- 39 -
I, counsel for appellant, certify that I have made satisfactory financial
arrangements with the approved court reporter, civil court reporter, or
approved transcriptionist for preparation of the transcript, and I have served a
designation on the approved court reporter, civil court reporter, or approved
transcriptionist.
Attorney for .....(name of party).....
.....(address, e-mail address, and
phone number).....
Florida Bar No. ....................
II. APPROVED COURT REPORTER’S, CIVIL COURT REPORTER’S, OR
APPROVED TRANSCRIPTIONIST’S ACKNOWLEDGMENT
1. The foregoing designation was served on .....(date)....., and received
on .....(date)......
2. Satisfactory arrangements have ( ) have not ( ) been made for
payment of the transcript cost. These financial arrangements were completed
on .....(date)......
3. Number of trial or hearing days ____.
4. Estimated number of transcript pages ____.
5a. The transcript will be available within 30 days of service of the
foregoing designation and will be filed on or before .....(date)......
OR
5b. For the following reason(s) the approved court reporter, civil court
reporter, or approved transcriptionist requests an extension of time of ____
days for preparation of the transcript that will be filed on or before
.....(date)......
6. Completion and filing of this acknowledgment by the approved
court reporter, civil court reporter, or approved transcriptionist constitutes
submission to the jurisdiction of the court for all purposes in connection with
these appellate proceedings.
- 40 -
7. The undersigned approved court reporter, civil court reporter, or
approved transcriptionist certifies that the foregoing is true and correct and
that a copy has been furnished by mail ( ) hand delivery ( ) e-mail ( ) on
.....(date)....., to each of the parties or their counsel.
Approved Court Reporter, Civil
Court Reporter, or Approved
Transcriptionist
.....(address).....
Note: The foregoing approved court reporter’s, civil court reporter’s, or approved
transcriptionist’s acknowledgment to be placed “at the foot of” or attached to a
copy of the designation, shallmust be properly completed, signed by the
approved court reporter, and filed with the clerk of the appellate court within 5
days of service of the designation on the approved court reporter, civil court
reporter, or approved transcriptionist. A copy shallmust be served on all parties
or their counsel, who shallwill have 5 days to object to any requested extension
of time. See Fla. R. App. P. 9.200(b)(1), (b)(2), & (b)(3), & (b)(4).
- 41 -
(i) Civil Supersedeas Bond.
…..(Title of Court)…..
Case No.
,)
Plaintiff, )
)
v. ) CIVIL SUPERSEDEAS BOND
)
,)
Defendant. )
)
We, _________________________ as Principal, and ____________________ as
Surety, are held and firmly bound unto ____________________ in the principal
sum of $_____, for the payment of which we bind ourselves, our heirs, personal
representatives, successors, and assigns, jointly and severally.
The condition of this obligation is: the above-named Principal has
entered an appeal to the .....(court)..... to review the .....(judgment or order).....
entered in the above case on .....(date)....., and filed in the records of said court
in book _____ at page_____.
NOW THEREFORE, if the Principal shall satisfyies any money judgment
contained in the judgment in full, including, if allowed by law, costs, interest,
and attorneys’ fees, and damages for delay in the event said appeal is
dismissed or said judgment is affirmed, then this obligation shallwill be null
and void; otherwise to remain in full force and effect.
Signed on .....(date)....., at .....(place).....
/s/
Principal
Signed on .....(date)....., at .....(place).....
/s/
Surety
- 42 -
(j) Notice of Supplemental Authority.
…..(Title of Court)…..
Case No.
,)
Appellant/Petitioner, )
)
v. ) NOTICE OF SUPPLEMENTAL
) AUTHORITY
,)
Appellee/Respondent. )
)
[Appellant/Petitioner] [Appellee/Respondent], _________________, submits
as supplemental authority the [decision/rule/statute/other authority] of
______________________, a copy of which is attached to this notice. The
supplemental authority is pertinent to the issue on appeal identified as
______________ and [discussed on pages ____________ of the ____________ brief]
[raised at oral argument].
Attorney for .....(name of party).....
.....(address, e-mail address, and
phone number).....
Florida Bar No. ....................
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(k) Notice of Related Case.
…..(Title of Court)…..
Case No.
,)
Appellant/Petitioner, )
)
v. ) NOTICE OF RELATED
) CASE OR ISSUE
,)
Appellee/Respondent. )
)
)
NOTICE IS GIVEN of .....(case style and number)....., pending in
.....(name of court)....., which is related to this matter because .....(identify the
same facts from which both matters arise or the similar legal issue being
addressed in both matters)......
Attorney for …..(name of party)…..
…..(address, e-mail address, and
phone number)…..
Florida Bar No. ……………….
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(l) Notice of Joinder.
…..(Title of Court)…..
Case No.
,)
Appellant/Petitioner, )
)
v. ) NOTICE OF JOINDER
)
,)
Appellee/Respondent. )
)
)
NOTICE IS GIVEN that , [appellee/respondent] elects to
realign as a(n) [appellant/petitioner] in this action, in accordance with rule
9.360(a). The proposed new caption is:
[insert proposed new caption here]
Attorney for …..(name of party)…..
…..(address, e-mail address, and
phone number)…..
Florida Bar No. ……………….
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(m) Notice of Constitutional Question.
IN THE DISTRICT COURT OF
APPEAL OF FLORIDA,
DISTRICT
Case No.
,)
Appellant/Petitioner, )
)
v. ) NOTICE TO ATTORNEY GENERAL
)
,)
Appellee/Respondent. )
)
)
NOTICE IS GIVEN of compliance with Florida Rule of Appellate Procedure
9.425, with respect to the constitutional challenge brought pursuant tounder
.....(Florida statute or Florida Constitutional provision)......
The undersigned complied by serving the Attorney General for the State
of Florida with a copy of the pleading or motion challenging .....(Florida statute
or Florida Constitutional provision)....., by .....(e-mail) (mail) (delivery)..... on
.....(date)......
Attorney for .....(name of party).....
.....(address, e-mail address, and
phone number).....
Florida Bar No. ....................
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(n) Notice of Termination of Limited Appearance.
…..(Title of Court)…..
Case No.
,)
Appellant/Petitioner, )
)
v. ) NOTICE OF TERMINATION OF
) LIMITED APPEARANCE
,)
Appellee/Respondent. )
)
)
NOTICE IS GIVEN that .....(attorney’s name)..... has completed the
particular matter or portion of the proceeding in which the attorney appeared
and now wishes to terminate his/herthe limited appearance. The client’s
address is: ......(client’s address)...... The counsel’s contact information is:
.....(name, address, e-mail address, and telephone number)......
I certify that I will serve this motion on the client, counsel, and all
adverse parties.
Attorney for …..(name of party)…..
…..(address, e-mail address, and
phone number)…..
Florida Bar No. ……….............
Committee Notes
[No Change]
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