RULE 9.010. EFFECTIVE DATE; SCOPE; APPLICABILITY OF
FLORIDA RULES OF GENERAL PRACTICE AND
JUDICIAL ADMINISTRATION

These rules, cited as “Florida Rules of Appellate Procedure,”
and abbreviated “Fla. R. App. P.,” shall take effect at 12:01 a.m. on
March 1, 1978. They shall govern all proceedings commenced on or
after that date in the supreme court, the district courts of appeal,
and the circuit courts in the exercise of the jurisdiction described
by rule 9.030(c); provided that any appellate proceeding commenced
before March 1, 1978, shall continue to its conclusion in the court
in which it is then pending in accordance with the Florida Appellate
Rules, 1962 Amendment.

The Florida Rules of General Practice and Judicial
Administration are applicable in all proceedings governed by these
rules, except as otherwise provided by these rules. These rules shall
supersede all conflicting statutes and, as provided in Florida Rule of
General Practice and Judicial Administration 2.130, all conflicting
rules of procedure.

Committee Notes

1977 Amendment. The rules have been re-numbered to
conform with the numbering system adopted by the Florida
Supreme Court for all of its rules of practice and procedure, and to
avoid confusion with the former rules, which have been extensively
revised. The abbreviated citation form to be used for these rules
appears in this rule and in rule 9.800.

This rule sets an effective date and retains the substance of
former rules 1.1, 1.2, and 1.4. A transition provision has been
incorporated to make clear that proceedings already in the appellate
stage before the effective date will continue to be governed by the
former rules until the completion of appellate review in the court in
which it is pending on the effective date. If review is sought after
March 1, 1978, of an appellate determination made in a proceeding
filed in the appellate court before that date, the higher court may
allow review to proceed under the former rules if an injustice would
result from required adherence to the new rules. Unnecessary
language has been deleted and the wording has been simplified.
Specific reference has been made to rule 9.030(c) to clarify those
aspects of the jurisdiction of the circuit courts governed by these
rules.

1992 Amendment. This rule was amended to eliminate the
statement that the Florida Rules of Appellate Procedure supersede
all conflicting rules. Other sets of Florida rules contain provisions
applicable to certain appellate proceedings, and, in certain
instances, those rules conflict with the procedures set forth for
other appeals under these rules. In the absence of a clear mandate
from the supreme court that only the Florida Rules of Appellate
Procedure are to address appellate concerns, the committee felt that
these rules should not automatically supersede other rules. See,
e.g., In the Interest of E.P. v. Department of Health and
Rehabilitative Services, 544 So. 2d 1000 (Fla. 1989).

1996 Amendment. Rule of Judicial Administration 2.135 now
mandates that the Rules of Appellate Procedure control in all
appellate proceedings.