In re Amendments to Florida Rule of Appellate Procedure 9.141

Summary

The Florida Supreme Court amended Florida Rule of Appellate Procedure 9.141 to clarify procedures for seeking belated discretionary review or belated appeal of a district court decision. The opinion addresses filing forums, petition contents, time limits, and procedures for such petitions, and makes the amendment effective immediately.

Holdings

1. Florida Rule of Appellate Procedure 9.141(c) is amended to expressly govern petitions seeking belated discretionary review or belated appeal of a decision of a district court of appeal.
2. Petitions seeking belated discretionary review or belated appeal of a district court of appeal decision must be filed in the Supreme Court of Florida.
3. The amended rule establishes specified two-year filing limitations, subject to defined sworn factual exceptions, and prescribes petition contents, service, amendment, successive-petition, and disposition procedures.

Questions Presented

1. Whether Florida Rule of Appellate Procedure 9.141(c) should be amended to clarify the procedures and forum for seeking belated discretionary review or belated appeal of a district court decision.
2. What filing contents, time limits, service requirements, and treatment of successive petitions should govern proceedings under amended rule 9.141(c).

Disposition

other