In re: Amendment to Florida Rule of Appellate Procedure 9.130

Summary

The Supreme Court of Florida amended Florida Rule of Appellate Procedure 9.130 to permit interlocutory review of nonfinal orders denying motions to dismiss medical malpractice claims based on the qualifications of a corroborating expert witness under section 766.102(5)-(9), Florida Statutes. The amendment became effective immediately, and the Court invited comments by September 19, 2023; Justice Labarga dissented from adopting the amendment on the Court’s own motion.

Holdings

1. Florida Rule of Appellate Procedure 9.130(a)(3) is amended to permit interlocutory review of nonfinal orders denying a motion to dismiss on the basis of the qualifications of a corroborating expert witness under section 766.102(5)-(9), Florida Statutes.
2. The amendments become effective immediately, subject to a seventy-five-day period for interested persons to submit comments to the Court.

Questions Presented

1. Whether Florida Rule of Appellate Procedure 9.130 should be amended to authorize interlocutory review of nonfinal orders denying motions to dismiss medical malpractice actions based on the qualifications of a corroborating expert witness under section 766.102(5)-(9), Florida Statutes.
2. Whether the amendment should become effective immediately while allowing a post-adoption period for public comments.

Disposition

other