RULE 9.110. APPEAL PROCEEDINGS TO REVIEW FINAL
ORDERS OF LOWER TRIBUNALS AND ORDERS
GRANTING NEW TRIAL IN JURY AND NONJURY
CASES

(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 administrative action described in
rules 9.030(b)(1)(C) and (c)(1)(C); and

(3) seek review of orders granting a new trial in jury
and nonjury 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 must be invoked by filing a notice with the clerk of the lower
tribunal within 30 days of rendition of the order to be reviewed,
except as provided in rule 9.140(c)(3).

(c) Exception; Administrative Action. In an appeal to
review final orders of lower administrative tribunals, the appellant
must file the notice with the clerk of the lower administrative
tribunal within 30 days of rendition of the order to be reviewed, and
must also 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 must be
substantially in the form prescribed by rule 9.900(a). The caption
must 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 must 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 must
be attached to the notice together with any order entered on a
timely motion postponing rendition of the order or orders appealed.
If a motion postponing rendition under rule 9.020(h) is pending
when the notice of appeal is filed, the notice of appeal must indicate
the pendency of such a motion and the date it was filed. Within 10
days of either withdrawal of such a motion or rendition of the order
being appealed, the appellant must file in the court a notice
indicating that the motion has been withdrawn or a conformed copy
of the signed, written order disposing of the motion postponing
rendition. The notice must be accompanied by any required filing
fee except as provided in rule 9.430 for proceedings by indigents.

(e) Record. Within 50 days of filing the notice, the clerk of
the lower tribunal must prepare the record prescribed by rule 9.200
and serve copies of the index on all parties. Within 60 days of filing
the notice, the clerk of the lower tribunal must electronically
transmit the record to the court or file a notice of inability to
complete or transmit the record, specifying the reason. Any notice
filed must be served on all parties and, as necessary, on any court
reporter.

(f) Briefs. The appellant’s initial brief must be served within
70 days of filing the notice. Additional briefs must be served as
prescribed by rule 9.210.

(g) Cross-Appeal. An appellee may cross-appeal by serving a
notice within 15 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 notice of cross-appeal must be filed either
before service or immediately thereafter in the same manner as the
notice of appeal. The notice of cross-appeal must be accompanied
by any required filing fee except as provided in rule 9.430 for
proceedings by indigents.
(h) Scope of Review. Except as provided in subdivision (k),
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 will not be transmitted unless ordered by
the supreme court. The appellant’s initial brief, accompanied by an
appendix as prescribed by rule 9.220, must be served within 20
days of filing the notice. Additional briefs must 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 of the district court of appeal must electronically transmit
the record to the court within 60 days of filing the notice. The
appellant’s initial brief must be served within 20 days of filing the
notice. Additional briefs must 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. 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. If a partial final
judgment totally disposes of an entire case as to any party, it must
be appealed within 30 days of rendition. The scope of review of a
partial final judgment may include any ruling or matter occurring
before filing of the notice of appeal so long as such ruling or matter
is directly related to an aspect of the partial final judgment under
review.

(l) Premature Appeals. Except as provided in rule 9.020(h),
if a notice of appeal is filed before rendition of a final order, the
appeal will be subject to dismissal as premature. However, the
lower tribunal retains jurisdiction to render a final order, and if a
final order is rendered before dismissal of the premature appeal, the
premature notice of appeal will vest jurisdiction in the court to
review the final order. Before dismissal, the court in its discretion
may grant the parties additional time to obtain a final order from
the lower tribunal.

(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.

Committee Notes

1977 Amendment. This rule replaces former rules 3.1, 3.5,
4.1, 4.3, 4.4, and 4.7. It applies when (1) a final order has been
entered by a court or administrative agency; (2) a motion for a new
trial in a jury case is granted; or (3) a motion for rehearing in a non-
jury case is granted and the lower tribunal orders new testimony. It
should be noted that certain other non-final orders entered after the
final order are reviewable under the procedure set forth in rule
9.130. This rule does not apply to review proceedings in such cases.

Except to the extent of conflict with rule 9.140 governing
appeals in criminal cases, this rule governs: (1) appeals as of right
to the supreme court; (2) certiorari proceedings before the supreme
court seeking direct review of administrative action (for example,
Industrial Relations Commission and Public Service Commission);
(3) appeals as of right to a district court of appeal, including
petitions for review of administrative action under the
Administrative Procedure Act, section 120.68, Florida Statutes
(Supp. 1976); (4) appeals as of right to a circuit court, including
review of administrative action if provided by law.

This rule is intended to clarify the procedure for review of
orders granting a new trial. Rules 9.130(a)(4) and 9.140(c)(1)(C)
authorize the appeal of orders granting a motion for new trial.
Those rules supersede Clement v. Aztec Sales, Inc., 297 So. 2d 1
(Fla. 1974), and are consistent with the decision there. Under
subdivision (h) of this rule the scope of review of the court is not
necessarily limited to the order granting a new trial. The supreme
court has held that “appeals taken from new trial orders shall be
treated as appeals from final judgments to the extent possible.”
Bowen v. Willard, 340 So. 2d 110, 112 (Fla. 1976). This rule
implements that decision.

Subdivisions (b) and (c) establish the procedure for
commencing an appeal proceeding. Within 30 days of the rendition
of the final order the appellant must file 2 copies of the notice of
appeal, accompanied by the appropriate fees, with the clerk of the
lower tribunal; except that if review of administrative action is
sought, 1 copy of the notice and the applicable fees must be filed in
the court. Failure to file any notice within the 30-day period
constitutes an irremediable jurisdictional defect, but the second
copy and fees may be filed after the 30-day period, subject to
sanctions imposed by the court. See Williams v. State, 324 So. 2d
74 (Fla. 1975); Fla. R. App. P. 9.040(h).

Subdivision (d) sets forth the contents of the notice and
eliminates the requirement of the former rule that the notice show
the place of recordation of the order to be reviewed. The rule
requires substantial compliance with the form approved by the
supreme court. The date of rendition of the order for which review is
sought must appear on the face of the notice. See the definition of
“rendition” in Florida Rule of Appellate Procedure 9.020, and see
the judicial construction of “rendition” for an administrative rule in
Florida Admin. Comm’n v. Judges of the District Court, 351 So. 2d
712 (Fla. 1977), on review of Riley-Field Co. v. Askew, 336 So. 2d
383 (Fla. 1st DCA 1976). This requirement is intended to allow the
clerk of the court to determine the timeliness of the notice from its
face. The advisory committee intended that defects in the notice
would not be jurisdictional or grounds for disposition unless the
complaining party was substantially prejudiced.

This rule works significant changes in the review of final
administrative action. The former rules required that a traditional
petition for the writ of certiorari be filed if supreme court review was
appropriate, and the practice under the Administrative Procedure
Act, section 120.68, Florida Statutes (Supp. 1976), has been for the
“petition for review” to be substantially similar to a petition for the
writ of certiorari. See Yamaha Int’l Corp. v. Ehrman, 318 So. 2d 196
(Fla. 1st DCA 1975). This rule eliminates the need for true petitions
in such cases. Instead, a simple notice is filed, to be followed later
by briefs. It is intended that the notice constitute the petition
required in section 120.68(2), Florida Statutes (Supp. 1976). There
is no conflict with the statute because the substance of the review
proceeding remains controlled by the statute, and the legislature
directed that review be under the procedures set forth in these
rules. Because it is a requirement of rendition that an order be
written and filed, this rule supersedes Shevin ex rel. State v. Public
Service Comm’n, 333 So. 2d 9 (Fla. 1976), and School Bd. v. Malbon,
341 So. 2d 523 (Fla. 2d DCA 1977), to the extent that those
decisions assume that reduction of an order to writing is
unnecessary for judicial review.

This rule is not intended to affect the discretionary nature of
direct supreme court review of administrative action taken under
the certiorari jurisdiction of that court set forth in article V, section
3(b)(3), Florida Constitution. Such proceedings remain in certiorari
with the only change being to replace wasteful, repetitive petitions
for the writ of certiorari with concise notices followed at a later date
by briefs. The parties to such actions should be designated as
“petitioner” and “respondent” despite the use of the terms
“appellant” and “appellee” in this rule. See commentary, Fla. R.
App. P. 9.020.

Subdivisions (e), (f), and (g) set the times for preparation of the
record, serving copies of the index on the parties, serving briefs,
and serving notices of cross-appeal. Provision for cross-appeal
notices has been made to replace the cross-assignments of error
eliminated by these rules. In certiorari proceedings governed by this
rule the term “cross- appeal” should be read as equivalent to “cross-
petition.” It should be noted that if time is measured by service, rule
9.420(b) requires filing to be made before service or immediately
thereafter.

Subdivision (h) permits a party to file a single notice of appeal
if a single proceeding in the lower tribunal, whether criminal or
civil, results in more than 1 final judgment and an appeal of more
than 1 is sought. This rule is intended to further the policies
underlying the decisions of the supreme court in Scheel v. Advance
Marketing Consultants, Inc., 277 So. 2d 773 (Fla. 1973), and
Hollimon v. State, 232 So. 2d 394 (Fla. 1970). This rule does not
authorize the appeal of multiple final judgments unless otherwise
proper as to each. If a prematurely filed notice is held in abeyance
in accordance with Williams v. State, 324 So. 2d 74 (Fla. 1975), the
date of filing is intended to be the date the notice becomes effective.

Subdivision (i) provides an expedited procedure in appeals as
of right to the supreme court in bond validation proceedings. An
appendix is mandatory.

Subdivision (j) provides for an expedited procedure in appeals
as of right to the supreme court from an order of a district court of
appeal.

1980 Amendment. The rule has been amended to incorporate
changes in rule 9.030 and to reflect the abolition of supreme court
jurisdiction to review, if provided by general law, final orders of trial
courts imposing sentences of life imprisonment.

The reference indicated (2) in the second paragraph of this
committee note for 1977 amendment should be disregarded. See
amended rule 9.030(a)(1)(B)(ii) and accompanying committee note.

1984 Amendment. Subdivision (k) was added to remedy a
pitfall in the application of case law under Mendez v. West Flagler
Family Association, 303 So. 2d 1 (Fla. 1974). Appeals may now be
taken immediately or delayed until the end of the entire case, under
the rationale of Mendez.

1992 Amendment. Subdivision (d) was amended to require
that the appellant, except in criminal cases, attach to its notice of
appeal a conformed copy of any orders designated in the notice of
appeal, along with any orders on motions that postponed the
rendition of orders appealed. This amendment is designed to assist
the clerk in determining the nature and type of order being
appealed and the timeliness of any such appeal.
Subdivision (m) was added to clarify the effect of a notice of
appeal filed by a party before the lower court renders a final
appealable order. Under this subdivision, such a notice of appeal is
subject to dismissal as premature, but a final order rendered before
the dismissal of the appeal will vest the appellate court with
jurisdiction to review that final order. It further provides that the
appellate court may relinquish jurisdiction or otherwise allow the
lower court to render such a final order before dismissal of the
appeal. If the only motion that is delaying rendition has been filed
by the party filing the notice of appeal, under rule 9.020(g)(3), such
motion is deemed abandoned and the final order is deemed
rendered by the filing of a notice of appeal.

1996 Amendment. The addition of new subdivision (a)(2) is a
restatement of former Florida Rule of Probate Procedure 5.100, and
is not intended to change the definition of final order for appellate
purposes. It recognizes that in probate and guardianship
proceedings it is not unusual to have several final orders entered
during the course of the proceeding that address many different
issues and involve many different persons. An order of the circuit
court that determines a right, an obligation, or the standing of an
interested person as defined in the Florida Probate Code may be
appealed before the administration of the probate or guardianship
is complete and the fiduciary is discharged.

Subdivision (c) was amended to reflect that in appeals of
administrative orders, the appellate court filing fees should be filed
in the appellate court, not the administrative tribunal.

Subdivision (n) was added by the committee in response to the
opinion in Canal Insurance Co. v. Reed, 666 So. 2d 888 (Fla. 1996),
suggesting that the Appellate Court Rules Committee consider an
appropriate method for providing expedited review of these cases to
avoid unnecessary delays in the final resolution of the underlying
actions. Expedited review in the manner provided in rule 9.130 is
available for such judgments in cases where a claim against the
insured is pending and early resolution of the coverage issue is in
the best interest of the parties. The notice of appeal should identify
whether a party is seeking review pursuant to the procedure
provided in this rule or in rule 9.130.

2006 Amendment. Rule 9.110(n) has been amended to clarify
that the word “clerk” in the first sentence of the rule refers to the
clerk of the lower tribunal. The amendment also permits the minor
to ask for leave to file a brief or to request oral argument. The
amendment clarifies that the district court does not grant the
minor’s petition, but rather may reverse the circuit court’s dismissal
of the petition.

2010 Note. As provided in Rule 9.040, requests to determine
the confidentiality of appellate court records are governed by Florida
Rule of Judicial Administration 2.420.

2014 Amendments. The amendment to subdivision (l) is
intended to clarify that it is neither necessary nor appropriate to
request a relinquishment of jurisdiction from the court to enable
the lower tribunal to render a final order. Subdivision (n) has been
moved to rule 9.147.

2018 Amendment. Subdivision (k) was amended to clarify
that subdivision (h) does not expand the scope of review of partial
final judgments to include rulings that are not directly related to
and an aspect of the final order under review. E.g., Cygler v.
Presjack, 667 So. 2d 458, 461 (Fla. 4th DCA 1996).

2020 Amendment. The requirement to notify the court of a
motion postponing rendition is not meant to encourage the filing of
a notice of appeal before rendition.

Court Commentary

2003 Amendment. Subdivision (l) was deleted to reflect the
holding in North Florida Women’s Health & Counseling Services, Inc.
v. State, 28 Fla. L. Weekly S549 [866 So. 2d 612] (Fla. July 10,
2003).