In re Florida Appellate Rules

179 So. 2d 341, 1965 Fla. LEXIS 2911
CourtSupreme Court of Florida
DecidedOctober 29, 1965
StatusPublished
Cited by1 cases

This text of 179 So. 2d 341 (In re Florida Appellate Rules) 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.

Bluebook
In re Florida Appellate Rules, 179 So. 2d 341, 1965 Fla. LEXIS 2911 (Fla. 1965).

Opinion

PER CURIAM.

Pursuant to the authority vested in this Court by Article V of the Florida Constitution, F.S.A., the following amendments, revisions and additions to Florida Appellate Rules 1962 Revision are hereby adopted:

Rule 1.3 be and the same is hereby amended by striking all of said paragraph entitled “RENDITION” and inserting in lieu thereof a new paragraph reading as follows, viz.:

“ 'Rendition’ of a judgment, decision, order or decree means that it has been reduced to writing, signed and made a matter of record, or if recording is not required then filed. A paper is deemed to be recorded when filed with the clerk and assigned a book and page number. Where there has been filed in the lower court a timely and proper motion or petition for a new trial, for a rehearing, or other timely post-trial motion or petition permitted by the Rules of Civil Procedure, the decision, judgment, order or decree shall not be deemed rendered until such motion or petition is disposed of.”

[342]*342Rule 3.2c be and the same is hereby amended by striking all of said paragraph and inserting in lieu thereof a new paragraph to be known as 3.2c reading as follows, viz.:

“c. Contents of Notice. The notice of appeal may be in the form approved by the Court. The notice of appeal shall state the title of the court, and the style of the cause from which the appeal is taken and the title of the court to which the appeal is taken; the name and designation of the appealing party, whether plaintiff or defendant; the name and designation of the opposing party, whether plaintiff or defendant; the nature and date of rendition of the order, judgment or decree appealed from; and the date and book and page of the public record in which it is recorded.
“Deficiencies in form or substance in the notice of appeal shall not be jurisdictional and shall not be ground for dismissal of the appeal unless it be clearly shown that the complaining party was misled or prejudiced by such deficiencies.”

Rule 3.2f be and the same is hereby amended by striking all of said paragraph and inserting in lieu thereof a new paragraph to be known as 3.2f reading as follows, viz.:

“f. Payment of Costs by Original Plaintiff. No appeal may be taken by the original plaintiff in any suit or proceeding until he shall have first paid all costs that have accrued in and about the suit, and have been specifically taxed against him, up to the time the appeal is taken; provided, that nothing contained herein shall require the prepayment of costs by the original plaintiff when he has assigned as error the taxation of costs and has superseded the order, judgment or decree specifically taxing the same; provided further, that in those instances where the costs are not settled until after the notice of appeal is filed, the party obligated shall be required to pay the same within ten (10) days upon written demand, otherwise said appeal shall be dismissed upon motion. Every motion to dismiss an appeal for failure to comply with this rule shall be filed on or before the 20th day after the filing of the notice of appeal or if costs were settled thereafter from the date of such settlement.”

Rule 3.7j be and the same is hereby amended by striking all of said paragraph and inserting in lieu thereof a new paragraph to be known as 3.7j reading as follows, viz.:

“j. Appendix Requirement Permissive. Whenever an appendix to briefs is required by any provision of these rules, such requirement shall be construed as permissive only despite the mandatory language of the rules in regard thereto.”

Rule 3.7k be and the same is hereby amended by striking all of said paragraph and inserting in lieu thereof a new paragraph to be known as 3.71c reading as follows, viz.:

“k. Amicus Curiae. Any attorney who desires to file a brief in a cause pending in the Court, as amicus curiae, may do so if consent therefor in writing signed by the attorneys for all parties of record is first filed in the Court; or if, upon motion filed within 80 days after the filing of the notice of appeal, petition for certiorari or original proceedings, he is permitted to do so by the Court. Such motion shall state briefly the reason for the request and the persons or interests upon whose behalf he seeks to appear, and a copy thereof shall be served on all attorneys in the cause. The motion may be heard and disposed of any Motion Day, provided reasonable notice of such hearing has been served on the attorneys in the cause.”

[343]*343Rule 3.13b be and the same is hereby .amended by striking all of said paragraph and inserting in lieu thereof a new paragraph to be known as 3.13b reading as follows, viz. :

“b. Voluntary Dismissal of Causes. The moving party in any proceedings, original or appellate, may procure dismissal of such proceedings at any time by filing with the clerk of the Court a notice for dismissal. Where the opposing party or parties have filed responsive pleadings or assignments of error or cross-petition, such notice for dismissal shall be by all such parties.”

Rule 3.13c be and the same is hereby .■amended by striking all of said paragraph .and inserting in lieu thereof a new para.-graph to be known as 3.13c reading as follows, viz.:

“c. Clerk's Duty. When an appellate proceeding has been dismissed, it shall be the duty of the clerk of the Court to certify the fact of dismissal to the lower court.”

Rule 3.15 be and the same is hereby amended by striking all of said paragraph and inserting in lieu thereof a new paragraph to be known as 3.15b reading as follows, viz. :

“b. Extension of Time for Issuance of Mandate. If a petition for rehearing is filed in a cause, the time for the issuance of the mandate or other process shall be extended until the petition is denied, or, if granted, until the cause 'has been fully determined; provided, however, that the court may delay the issuance of its mandate upon terms and ■conditions to be imposed by it after denial of rehearing for good cause if such application be made at the time of filing the petition for rehearing.”

Rule 3.16e be and the same is hereby amended by striking all of said paragraph and inserting in lieu thereof a new paragraph to be known as 3.16e reading as follows, viz.:

“e. Attorney’s Fees. Where attorney’s fees are allowable by law for services in the appellate court the request therefor shall be presented by motion filed with the clerk of the appellate court at or before the time of filing the party’s first brief, and shall be disposed of at the time the case is disposed of on the merits, unless otherwise ordered by the Court. The motion for attorney’s fees shall not be incorporated in the briefs or other bound papers but shall be filed on a separate paper. The trial court shall have full and complete power and authority upon due application to enforce the payment of fees allowed by the appellate court.”

Rule 4.5c(6) be and the same is hereby amended by striking all of said rule and inserting in lieu thereof a new rule to be known as 4.5c(6) reading as follows, viz.:

“(6) From District Court to Supreme Court.

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Related

In re Florida Appellate Rules
181 So. 2d 2 (Supreme Court of Florida, 1965)

Cite This Page — Counsel Stack

Bluebook (online)
179 So. 2d 341, 1965 Fla. LEXIS 2911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-florida-appellate-rules-fla-1965.