Amendments to the Florida Rules of Appellate Procedure, the Florida Rules of Civil Procedure, the Florida Rules of Criminal Procedure, the Florida Family Law Rules of Procedure, the Florida Rules of Juvenile Procedure, and the Florida Probate Rules, 887 So. 2d 1090 (Fla. 2004) | Supreme Court of Florida 2004 | LawTools

Cases Cited(17)

Amendments to the Florida Family Law Rules of Procedure and Family Law Forms, 810 So. 2d 1, 14 (Fla. 2000)Followed

Slatcoff v. Dezen, 74 So. 2d 59 (Fla. 1954)Followed

State v. District Court of Appeal of Florida, First District, 569 So. 2d 439 (Fla. 1990)Followed

State v. Bowen, 698 So. 2d 248 (Fla. 1997)Followed

Cappetta v. State, 204 So. 2d 913 (Fla. 4th DCA 1967), rev'd on other grounds, 216 So. 2d 749 (Fla. 1968)Overruled

Fitzpatrick v. Wainwright, 800 F.2d 1057 (11th Cir. 1986)Followed

McKaskle v. Wiggins, 465 U.S. 168, 104 S. Ct. 944, 79 L. Ed. 2d 122 (1984)Followed

Savage v. Estelle, 924 F.2d 1459 (9th Cir. 1990), cert. denied, 501 U.S. 1255, 111 S. Ct. 2900, 115 L. Ed. 2d 1064 (1991)Followed

Alabama v. Shelton, 535 U.S. 654, 122 S. Ct. 1764, 152 L. Ed. 2d 888 (2002)Followed

Tur v. State, 797 So. 2d 4 (Fla. 3d DCA 2001)Followed

Showing top 10 of 17.

Summary

The Supreme Court of Florida adopts amendments to multiple Florida procedural rules and related family law forms. The amendments implement 2004 legislation redesignating magistrates as trial court judges and masters as general or special magistrates. The amendments became effective October 1, 2004, at 12:01 a.m.

Holdings

The Supreme Court of Florida adopted the proposed amendments to the identified procedural rules and forms, changing references from magistrates to judges and from masters to magistrates to conform the rules to the 2004 legislation.
The amendments became effective October 1, 2004, at 12:01 a.m.

Questions Presented

Whether the Supreme Court of Florida should adopt the proposed amendments to the Florida Rules of Appellate Procedure, Florida Rules of Civil Procedure, Florida Rules of Criminal Procedure, Florida Family Law Rules of Procedure, Florida Rules of Juvenile Procedure, and Florida Probate Rules to conform them to the 2004 statutory terminology changes.
Whether the Court should accept proposed amendments to the instructions for specified Florida Supreme Court Approved Family Law Forms.

Disposition

other

Cases Cited (17)

Amendments to the Florida Family Law Rules of Procedure and Family Law Forms, 810 So. 2d 1, 14 (Fla. 2000)(followed)
Slatcoff v. Dezen, 74 So. 2d 59 (Fla. 1954)(followed)
State v. District Court of Appeal of Florida, First District, 569 So. 2d 439 (Fla. 1990)(followed)
State v. Bowen, 698 So. 2d 248 (Fla. 1997)(followed)
Cappetta v. State, 204 So. 2d 913 (Fla. 4th DCA 1967), rev'd on other grounds, 216 So. 2d 749 (Fla. 1968)(overruled_authority)
Fitzpatrick v. Wainwright, 800 F.2d 1057 (11th Cir. 1986)(followed)
McKaskle v. Wiggins, 465 U.S. 168, 104 S. Ct. 944, 79 L. Ed. 2d 122 (1984)(followed)
Savage v. Estelle, 924 F.2d 1459 (9th Cir. 1990), cert. denied, 501 U.S. 1255, 111 S. Ct. 2900, 115 L. Ed. 2d 1064 (1991)(followed)
Alabama v. Shelton, 535 U.S. 654, 122 S. Ct. 1764, 152 L. Ed. 2d 888 (2002)(followed)
Tur v. State, 797 So. 2d 4 (Fla. 3d DCA 2001)(followed)

Showing top 10 of 17.

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Amendments to the Florida Rules of Appellate Procedure, the Florida Rules of Civil Procedure, the Florida Rules of Criminal Procedure, the Florida Family Law Rules of Procedure, the Florida Rules of Juvenile Procedure, and the Florida Probate Rules