In re: Amendment to Florida Rule of Appellate Procedure 9.130

Summary

The Florida Supreme Court adopted an amendment to Florida Rule of Appellate Procedure 9.130, adding new subdivision (a)(3)(G) to authorize interlocutory appeals of nonfinal orders that grant or deny a motion for leave to amend a complaint to assert a claim for punitive damages. The rule change, effective April 1, 2022, expands the limited categories of appealable nonfinal orders and replaces the prior practice of seeking certiorari review. A dissenting opinion argued that the amendment would cause unnecessary delays in civil litigation and that existing confidentiality orders adequately protect financial privacy during discovery.

Holdings

1. New subdivision (a)(3)(G) is added to rule 9.130 to authorize appeals of nonfinal orders that grant or deny a motion for leave to amend to assert a claim for punitive damages.

Questions Presented

1. Whether Florida Rule of Appellate Procedure 9.130 should be amended to authorize interlocutory appeals of nonfinal orders granting or denying leave to amend a complaint to assert a claim for punitive damages.

Disposition

approved