In re Amendments to Florida Rules of Appellate Procedure

1 So. 3d 166 (Fla. 2009) · Supreme Court of Florida · January 29, 2009 · No. SC08-2357

Summary

The Supreme Court of Florida amended Florida Rules of Appellate Procedure 9.110 and 9.360 to conform to 2008 legislation concerning filing fees for cross-appeals, joinder notices, and certain intervenor motions. The amendments also clarified filing-copy requirements and the timing and manner of filing notices, and became effective immediately upon release of the opinion.

Holdings

  1. The Supreme Court of Florida adopted the proposed amendments to rules 9.110 and 9.360 to conform the appellate rules to the statutory changes enacted in chapter 2008-111, Laws of Florida.
  2. Rule 9.110 was amended to require an original and one copy of a notice of appeal or cross-appeal, accompanied by any filing fees prescribed by law, and to clarify that a cross-appeal must be filed in the same manner as a notice of appeal.
  3. Rule 9.360(a) was amended to require an original and one copy of a notice of joinder, accompanied by any filing fees prescribed by law, and to clarify the permissible filing deadlines for joinder in appellate and original proceedings.

Questions Presented

  1. Whether the Supreme Court of Florida should amend Florida Rules of Appellate Procedure 9.110 and 9.360 to conform to chapter 2008-111, Laws of Florida.
  2. What procedural requirements should govern filing fees, copies, service, and filing deadlines for notices of appeal, cross-appeal, and joinder.

Disposition

other

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