Notable Changes to the Florida Rules of Appellate Procedure – Effective 2015

Anyone handling an appeal or original proceeding before the Florida appellate courts should always keep up to date on the changes to the Florida Rules of Appellate Procedure.  Accordingly, many changes were made to the Florida Rules of Appellate Procedure, which became effective this year.   Highlighted below are a few of those key changes.

Under Florida Rules of Appellate Procedure 9.020(i), the filing of a notice appeal no longer causes one’s timely and authorized post-judgment motions to be deemed abandoned. See In re Amendments to Florida Rules of Appellate Procedure, 39 Fla. L. Weekly S665 (Fla. Nov. 6, 2014).  The amended rule rather allows the appeal to be held in abeyance until said motion is disposed of.  See Id.; Fla. R. App. P. 9.020(i).   Florida Rules of Appellate Procedure 9.110(l), which dismisses premature appeals, was amended in light of the amendment to Rule 9.020(i).  As a result, the amendment adds language to ensure that the exception provided in rule 9.020(i) is recognized.  See Fla. R. App. P. 9.110(l).

Moreover, Florida Rules of Appellate Procedure 9.320, which covers oral arguments was amended.  In re Amendments to Florida rules of Appellate Procedure, 39 Fla. L. Weeky S775 (Fla. Nov. 6, 2014).  First of all, it extended the time to request an oral argument in an appeal by 10 days. See Id; Fla. R. App. P. 9.310(a).  A request must be served “not later than 10 days after the last brief is due to be served.” Fla. R. App. P. 9.320(a).

Second of all, it clarified the timeline for requesting an oral argument in original proceedings.  The prior rule only specified the timeline to request such when the proceeding involved briefs. See In re Amendments to Florida rules of Appellate Procedure, 39 Fla. L. Weeky S775 (Fla. Nov. 6, 2014).  Since briefs are not filed in original proceedings, it was unclear when such was due. The amendment now makes it clear that such a request must be made “not later than 10 days after the reply is due to be served.” Fla. R. App. P. 9.320(b).

Furthermore, Florida Rules of Appellate Procedure 9.350 was amended to clarify that the filing of a stipulation or notice of dismissal does not itself dismiss the cause.  See re Amendments to Florida rules of Appellate Procedure, 39 Fla. L. Weeky S775 (Fla. Nov 6, 2014).  Rather the matter is automatically stayed until the court determines whether to recognize the dismissal or not. See Fla. R. App. P. 9.350(d).

In addition, Florida Rules of Appellate Procedure 9.400 amendment with regards to attorney fees in original proceedings clarifies when such is due.  The prior rule only specified the timeline to file such when the proceeding involved reply briefs.  Since original proceedings did not include reply briefs, it was unclear whether rule 9.400 governed such or if it did not then when such motions for attorney fees were due.

In May 2014, the Florida Supreme Court in Advanced Chiropractic and Rehabilitation Center, Corp. v. United Automobile Ins. Co., 140 So. 3d 529 (Fla. 2014) held that rule 9.300 and not rule 9.400 governs requests for attorney fees in original proceedings.  The Florida Supreme Court stated that requests for attorney fees must be timely to provide the relief sought, but did not specify the exact time period such should be filed or served. See Id.  The Florida Supreme Court by amending this rule, now specifies the time period and clarifies that this rule governs such.  See Fla. R. App. P. 9.400(b)(2).  It clearly states that a motion for attorney fees in original proceedings shall be served no later than “the time for service of petitioner’s reply to the response to the petition.” Fla. R. App. P. 9.400(b)(2).

In addition, it is important to recognize that the timeline to serve a motion for costs under Florida Rules of Appellate Procedure 9.400 has changed.   See In re Amendments to Florida rules of Appellate Procedure, 39 Fla. L. Weeky S775 (Fla. Nov 6, 2014).  Generally,  it is no longer dependent on when the mandate was issued. See In re Amendments to Florida rules of Appellate Procedure, 39 Fla. L. Weeky S775 (Fla. Nov. 6, 2014); Fla. R. App. P. 9.400(a).  It now depends on when the appellate court’s order was rendered. Id.  A party no longer has within 30 days after issuance of the mandate, but rather has no later than 45 days after rendition of the appellate court’s order to serve the motion for costs. See Id.