Rule 9.130. Proceedings to Review Nonfinal Orders and Specified Final Orders

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FL ST RAP Rule 9.130West's Florida Statutes AnnotatedFlorida Rules of Appellate ProcedureEffective: January 1, 2024 (Approx. 3 pages)

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Rule 9.130. Proceedings to Review Nonfinal Orders and Specified Final Orders

FL ST RAP Rule 9.130West's Florida Statutes AnnotatedFlorida Rules of Appellate ProcedureEffective: January 1, 2024 (Approx. 3 pages)

West's Florida Statutes Annotated

Florida Rules of Appellate Procedure (Refs & Annos)

Effective: January 1, 2024

Fla.R.App.P. Rule 9.130

Rule 9.130. Proceedings to Review Nonfinal Orders and Specified Final Orders

Currentness

(a) Applicability.

(1) This rule applies to appeals to the district courts of appeal of the nonfinal orders authorized herein and to appeals to the circuit court of nonfinal orders when provided by general law. Review of other nonfinal orders in such courts and nonfinal administrative action shall be by the method prescribed by rule 9.100.

(2) Appeals of nonfinal orders in criminal cases shall be as prescribed by rule 9.140.

(3) Appeals to the district courts of appeal of nonfinal orders are limited to those that:

(A) concern venue;

(B) grant, continue, modify, deny, or dissolve injunctions, or refuse to modify or dissolve injunctions;

(i) the jurisdiction of the person;

(ii) the right to immediate possession of property, including but not limited to orders that grant, modify, dissolve, or refuse to grant, modify, or dissolve writs of replevin, garnishment, or attachment;

(iii) in family law matters:

a. the right to immediate monetary relief;

b. the rights or obligations of a party regarding child custody or time-sharing under a parenting plan; or

c. that a marital agreement is invalid in its entirety;

(iv) the entitlement of a party to arbitration, or to an appraisal under an insurance policy;

(v) that, as a matter of law, a party is not entitled to workers' compensation immunity;

(vi) whether to certify a class;

(vii) that a governmental entity has taken action that has inordinately burdened real property within the meaning of section 70.001(6)(a), Florida Statutes;

(viii) the issue of forum non conveniens;

(ix) that, as a matter of law, a settlement agreement is unenforceable, is set aside, or never existed; or

(x) that a permanent guardianship shall be established for a dependent child pursuant to section 39.6221, Florida Statutes;

(D) grant or deny the appointment of a receiver, or terminate or refuse to terminate a receivership;

(E) grant or deny a motion to disqualify counsel;

(F) deny a motion that:

(i) asserts entitlement to absolute or qualified immunity in a civil rights claim arising under federal law;

(ii) asserts entitlement to immunity under section 768.28(9), Florida Statutes; or

(iii) asserts entitlement to sovereign immunity;

(G) grant or deny a motion for leave to amend to assert a claim for punitive damages; or

(H) deny a motion to dismiss on the basis of the qualifications of a corroborating expert witness under subsections 766.102(5)-(9), and (12), Florida Statutes.

(4) Orders disposing of motions for rehearing or motions that suspend rendition are not reviewable separately from a review of the final order; provided that orders granting motions for new trial in jury and nonjury cases are reviewable by the method prescribed in rule 9.110.

(5) Orders entered on an authorized and timely motion for relief from judgment are reviewable by the method prescribed by this rule. Motions for rehearing directed to these orders are not authorized under these rules and therefore will not toll the time for filing a notice of appeal.

(b) Commencement. Jurisdiction of the court under subdivisions (a)(3)-(a)(5) of this rule shall be invoked by filing a notice with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed.

(c) Notice. The notice, designated as a notice of appeal of nonfinal order, shall be substantially in the form prescribed by rule 9.900(c). Except in criminal cases, a conformed copy of the order or orders designated in the notice of appeal shall be attached to the notice. The notice must be accompanied by any required filing fee except as provided in rule 9.430 for proceedings by indigents.

(d) Record. A record shall not be transmitted to the court unless ordered.

(e) Briefs. The appellant's initial brief, accompanied by an appendix as prescribed by rule 9.220, shall be served within 20 days of filing the notice. Additional briefs shall be served as prescribed by rule 9.210.

(f) Stay of Proceedings. In the absence of a stay, during the pendency of a review of a nonfinal order, the lower tribunal may proceed with all matters, including trial or final hearing, except that the lower tribunal may not render a final order disposing of the cause pending such review absent leave of the court.

(g) Cross-Appeal. An appellee may cross-appeal the order or orders designated by the appellant, to review any ruling described in subdivisions (a)(3)-(a)(5), by serving a notice within 15 days of service of the appellant's timely filed notice of appeal or within the time prescribed for filing a notice of appeal, whichever is later. A notice of cross-appeal shall be filed either before service or immediately thereafter in the same manner as the notice of appeal. The notice of cross-appeal must be accompanied by any required filing fee except as provided in rule 9.430 for proceedings by indigents.

(h) Review on Full Appeal. This rule shall not preclude initial review of a nonfinal order on appeal from the final order in the cause.

(i) Scope of Review. Multiple nonfinal orders that are listed in rule 9.130(a)(3) may be reviewed by a single notice if the notice is timely filed as to each such order.

Credits

Amended March 27, 1980, effective April 1, 1980 (381 So.2d 1370); Nov. 26, 1980, effective Jan. 1, 1981 (391 So.2d 203); Sept. 13, 1984, effective Jan. 1, 1985 (463 So.2d 1114); July 9, 1992 (605 So.2d 850); Oct. 22, 1992, effective Jan. 1, 1993 (609 So.2d 516); Nov. 22, 1995, effective Jan. 1, 1996 (663 So.2d 1314); Nov. 22, 1996, effective Jan. 1, 1997 (685 So.2d 773); Oct. 12, 2000, effective Jan. 1, 2001 (780 So.2d 834); Feb. 3, 2005 (894 So.2d 202); Nov. 13, 2008, effective Jan. 1, 2009 (2 So.3d 89); Nov. 3, 2011, effective Jan. 1, 2012 (75 So.3d 239); Oct. 18, 2012, effective Dec. 1, 2012, April 1, 2013, Oct. 1, 2013 (102 So.3d 451); Nov. 6, 2014, effective Jan. 1, 2015 (183 So.3d 245); Nov. 13, 2014, effective Jan. 1, 2015 (151 So.3d 1217); Oct. 25, 2018, effective Jan. 1, 2019 (256 So.3d 1218); Oct. 25, 2018, effective Jan. 1, 2019 (257 So.3d 66); amended effective Jan. 23, 2020 (289 So.3d 866); amended Jan. 30, 2020, effective April 1, 2020 (288 So.3d 1187); Oct. 29, 2020, corrected Feb. 11, 2021, effective Jan. 1, 2021 (305 So.3d 262); Jan. 6, 2022, effective April 1, 2022 (345 So.3d 725); amended effective July 6, 2023 (367 So.3d 1204); amended effective Dec. 14, 2023 (); amended Aug. 31, 2023, effective Jan. 1, 2024 (369 So.3d 203).

West's F. S. A. R. App. P. Rule 9.130, FL ST RAP Rule 9.130

Current with amendments received through 6/1/2024. Some rules may be more current, see credits for details.

End of Document

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