Jacek Stramski

On November 6, the Florida Supreme Court adopted changes to a number of the Florida Rules of Appellate Procedure. In re: Amendments to the Florida Rules of Appellate Procedure (SC14-227). Some changes of note:

Rule 9.020(i) was amended “to eliminate the language providing that postjudgment motions are abandoned upon the filing of a notice of appeal, [and instead] allow an appeal to be held in abeyance until disposition of a postjudgment motion.”

Rule 9.100 was amended to reflect that appellate courts have “the discretion to request a response to a petition for writ of prohibition without bringing the proceedings in the lower tribunal to a halt…”

Rule 9.110(k), which relates to the appeal of partial final judgments, was amended to specify that “[a] partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims.”

The Court also adopted an amendment to rule 9.420 to provide that the time of a filing of a pro se inmate will be presumed to be the time that the document is recorded by an institution as recieved for mailing if the institution has a legal mail system that records such a time.

Court Amends Florida Rules of Appellate Procedure

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