(a) Applicability. This rule applies to those proceedings
that
(1) invoke the appeal jurisdiction of the courts described
in rules 9.030(a)(1), (b)(1)(A), and (c)(1)(A);
(2) seek review of orders entered in probate and
guardianship matters that finally determine a right or
obligation of an interested person as defined in the
Florida Probate Code;
(3) seek review of administrative action described
in rules 9.030(b)(1)(C) and (c)(1)(C); and
(4) seek review of orders granting a new trial in
jury and non-jury civil and criminal cases described in
rules 9.130(a)(4) and 9.140(c)(1)(C).
(b) Commencement. Jurisdiction of the court under
this rule shall be invoked by filing an original and 1 copy
of a notice, accompanied by any filing fees prescribed
by law, with the clerk of the lower tribunal within 30
days of rendition of the order to be reviewed.
(c) Exception; Administrative Action. In an appeal
to review final orders of lower administrative
tribunals,
the appellant shall file the original notice with the clerk
of the lower administrative tribunal within 30 days of
rendition of the order to be reviewed, and file a copy of
the notice, accompanied
by any filing fees prescribed
by law, with the clerk of the court.
(d) Notice of Appeal. The notice of appeal shall be
substantially in the form prescribed by rule 9.900(a).
The caption shall contain the name of the lower tribunal,
the name and designation of at least 1 party on
each side, and the case number in the lower tribunal.
The notice shall contain the name of the court to which
the appeal is taken, the date of rendition,
and the nature
of the order to be reviewed. Except in criminal cases, a
conformed copy of the order or orders designated in the
notice of appeal shall be attached to the notice together
with any order entered on a timely motion postponing
rendition
of the order or orders appealed.
(e) Record. Within 50 days of filing the notice, the
clerk shall prepare the record prescribed by rule 9.200
and serve copies of the index on all parties. Within 110
days of filing the notice, the clerk shall transmit the
record to the court.
(f) Briefs. Appellant's initial brief shall be served
within 70 days of filing the notice. Additional
briefs
shall be served as prescribed by rule 9.210.
(g) Cross-Appeal. An appellee may cross-appeal by
serving a notice within 10 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. The original and 1 copy of the notice of crossappeal,
accompanied by any filing fees prescribed by
law, shall be filed either before service or immediately
thereafter in the same manner as the notice of appeal.
(h) Scope of Review. The court may review any ruling
or matter occurring before filing of the notice. Multiple
final orders may be reviewed by a single notice, if
the notice is timely filed as to each such order.
(i) Exception; Bond Validation Proceedings. If
the appeal is from an order in a proceeding to validate
bonds or certificates of indebtedness, the record shall
not be transmitted unless ordered by the supreme court.
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.
(j) Exception; Appeal Proceedings from District
Courts of Appeal. If the appeal is from an order of
a district court of appeal, the clerk shall transmit the
record to the court within 60 days of filing the notice.
Appellant's initial brief shall be served within 20 days
of filing the notice. Additional
briefs shall be served as
prescribed by rule 9.210.
(k) Review of Partial Final Judgments. Except as
otherwise provided herein, partial final judgments
are
reviewable either on appeal from the partial final judgment
or on appeal from the final judgment in the entire
case. If a partial final judgment totally disposes of an
entire case as to any party, it must be appealed within
30 days of rendition.
(l) Premature Appeals. If a notice of appeal is filed
before rendition of a final order, the appeal shall be
subject to dismissal as premature. However, if a final
order is rendered before dismissal of the premature
appeal,
the premature notice of appeal shall be considered
effective to vest jurisdiction in the court to review the
final order. Before dismissal,
the court in its discretion
may permit the lower tribunal to render a final order.
(m) Exception; Insurance Coverage Appeals.
Judgments
that determine the existence or nonexistence
of insurance coverage in cases in which a claim has
been made against an insured and coverage
thereof is
disputed by the insurer may be reviewed either by the
method prescribed in this rule or that in rule 9.130.
(n) Exception; Appeal of Final Order Dismissing
Petition for Judicial Waiver of Parental Notice of
Termination of Pregnancy. If an unmarried minor or
another person on her behalf appeals an order dismissing
a petition for judicial waiver of parental notice of
termination of pregnancy, the clerk of the lower tribunal
shall prepare and transmit the record as described
in rule 9.200(d) within 2 days from the filing of the notice
of appeal. The district court of appeal shall render
its decision on the appeal as expeditiously as possible
and no later than 10 days from the filing of the notice
of appeal. Briefs or oral argument may be ordered at
the discretion of the district court of appeal. The minor
may move for leave to file a brief and may request oral
argument. If no decision is rendered within the foregoing
time period, the order shall be deemed reversed, the
petition shall be deemed granted, and the clerk shall
place a certificate to this effect in the file and provide
the minor with a certified copy of the certificate. The
appeal and all proceedings thereon shall be confidential
so that the minor shall remain anonymous. The file
shall remain sealed unless otherwise ordered by the
court. Should the dismissal of the petition be reversed
on appeal, the clerk shall furnish the petitioner with a
certified copy of the decision or the clerk's certificate
for delivery to the minor's physician. No filing fee shall
be required for any part of an appeal of the dismissal of
a petition for a waiver of parental notice of termination
of pregnancy.