In Re: Amendment to Florida Rule of Appellate Procedure 9.020
This text of In Re: Amendment to Florida Rule of Appellate Procedure 9.020 (In Re: Amendment to Florida Rule of Appellate Procedure 9.020) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Supreme Court of Florida ____________
No. SC21-253 ____________
IN RE: AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.020.
September 2, 2021
PER CURIAM.
Before the Court is the report of The Florida Bar’s Appellate
Court Rules Committee (Committee) proposing an amendment to
Florida Rule of Appellate Procedure 9.020 (Definitions). See Fla. R.
Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. See
art. V, § 2(a), Fla. Const.
The Committee proposes amending rule 9.020 to include
motions filed under Florida Rule of Civil Procedure 1.535
(Remittitur and Additur) in the list of motions that toll rendition of
final orders.
The Committee’s proposal was approved by the Board of
Governors of The Florida Bar by a vote of 39-1. The proposed amendment was published by both the Committee and the Court.
No comments were received following either publication.
Having considered the proposed amendment, the Court hereby
amends Florida Rule of Appellate Procedure 9.020 as proposed by
the Committee. In subdivision (h)(1)(A), the words “, remittitur, or
additur” are added after “motion for new trial” to clarify that timely,
authorized motions for remittitur or additur toll rendition.
Accordingly, the Florida Rules of Appellate Procedure are
amended as set forth in the appendix to this opinion. New language
is indicated by underscoring. The amendments shall become
effective on October 1, 2021, at 12:01 a.m.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THIS AMENDMENT.
Original Proceeding – Florida Rules of Appellate Procedure
Laura Anne Triplett Roe, Chair, Honorable Stephanie Williams Ray, Past Chair, Appellate Court Rules Committee, Tallahassee, Florida, Joshua E. Doyle, Executive Director, and Krys Godwin, Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
-2- Appendix
RULE 9.020. DEFINITIONS
The following terms have the meanings shown as used in these rules:
(a)-(g) [NO CHANGE]
(h) Rendition of an Order. An order is rendered when a signed, written order is filed with the clerk of the lower tribunal.
(1) Motions Tolling Rendition. The following motions, if authorized and timely filed, toll rendition unless another applicable rule of procedure specifically provides to the contrary:
(A) motion for new trial, remittitur, or additur;
(B) – (L) [NO CHANGE]
(2) [NO CHANGE]
(i)-(l) [NO CHANGE]
Committee Notes
[NO CHANGE]
Court Commentary
-3-
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