Changes to the Florida Rules of Appellate Procedure

In 1997, the Florida Supreme Court made big changes to the Rules of Appellate Procedure. These changes combined all appellate rules into one set and made them effective on January 1, 1997. The purpose was to make one comprehensive set of rules for appeals. One important change is that the appellate rules now override any conflicting laws or rules in other areas of the legal system. Another big change is that the party opposing the relief requested must respond to the appellate court’s order in certain cases. Additionally, there are new rules for special cases filed in circuit court. Overall, these changes make the appellate process more organized and consistent. The new rule 9.190(b)(3) says that appellate review of local administrative action is now exclusively by certiorari, except as provided by general law. Rule 9.110 now allows for appeal of orders that determine insurance coverage, in cases where a claim has been made against an insured and coverage is disputed by the insurer. This was added in response to a court case that suggested an expedited method for review of insurance coverage cases. The rule change allows for immediate appeals of insurance coverage issues, rather than waiting until the end of the case. The new rule 9.110(n) allows for the review of judgments when an insured person is being sued and the insurance company won’t provide coverage. This is mainly for cases where the insurer has to defend the insured. The rule lets parties appeal under either rule 9.110 or 9.130. However, it may not apply to all insurance cases, like first-party cases seeking coverage for losses. The rule also may change in the future, as there’s a recommendation to get rid of nonfinal appeals for certain orders. Another change is in rule 9.130, allowing for nonfinal appeals in civil rights cases under federal law. This is to make Florida law consistent with federal law in these cases. The Appellate Court Rules Committee recommended getting rid of a new rule, but they are now thinking about it again. Even if they recommend getting rid of it, the Florida Supreme Court might keep it anyway. The rule will probably stay in place for at least the next four years. There have been some changes to how briefs are bound and how references to the record on appeal are made. Additionally, appellees now have the option of whether to include a statement of facts in their answer brief. The rules for appealing court decisions in Florida have been changed. Appellate judges were worried about having to read the same facts twice, but the changes were made anyway. There are also new rules for appealing in cases involving kids, workers’ comp, and administrative actions. When citing U.S. Supreme Court cases, you don’t have to use all three reporters anymore. It’s important for lawyers to understand these changes so they can file the correct paperwork. If they don’t, their case might be dismissed. This article talks about exceptions to appealing final orders of code enforcement boards. It also discusses changes to Florida Rules of Appellate Procedure. The author, Raoul G. Cantero III, is a lawyer in Florida. This means the Florida Bar wants its members to learn about doing their duty and helping the public, make the justice system better, and improve the study of law.

Source: https://www.floridabar.org/the-florida-bar-journal/changes-to-the-florida-rules-of-appellate-procedure/