Florida Appellate Rule 9.147
RULE 9.147. APPEAL PROCEEDINGS TO REVIEW FINAL
ORDERS DISMISSING PETITIONS FOR JUDICIAL
WAIVER OF PARENTAL NOTICE AND CONSENT
OR CONSENT ONLY TO TERMINATION OF
PREGNANCY
(a) Applicability. Appeal proceedings to review final orders
dismissing a petition for judicial waiver of parental notice and
consent or consent only to the termination of a pregnancy will be as
in civil cases, except as modified by this rule.
(b) Fees. No filing fee will be required for any part of an
appeal of the dismissal of a petition for a judicial waiver of parental
notice and consent or consent only to the termination of a
pregnancy.
(c) Transmission of Notice of Appeal and Electronic
Record. Within 2 days of the filing of the notice of appeal, the clerk
of the lower tribunal must electronically transmit the notice of
appeal and the record simultaneously. The clerk of the lower
tribunal must prepare the record as described in rule 9.200(d).
(d) Disposition of Appeal. The court must render its
decision on the appeal no later than 7 days from the receipt of the
notice of appeal. If no decision is rendered within that time period,
the order is deemed reversed, the petition is deemed granted, and
the clerk of the court must place a certificate to that effect in the file
and provide the appellant, without charge, with a certified copy of
the certificate.
(e) Briefs and Oral Argument. Briefs, oral argument, or
both may be ordered at the discretion of the court. The appellant
may move for leave to file a brief and may request oral argument.
(f) Confidentiality of Proceedings. The appeal and all
proceedings within must be confidential so that the minor remains
anonymous. The file must remain sealed unless otherwise ordered
by the court.
(g) Procedure Following Reversal. If the dismissal of the
petition is reversed on appeal, the clerk of the court must furnish
the appellant, without charge, with either a certified copy of the
decision or the clerk of the court’s certificate for delivery to the
minor’s physician.
Committee Notes
2014 Amendment. The previous version of this rule was
found at rule 9.110(n).
ORDERS DISMISSING PETITIONS FOR JUDICIAL
WAIVER OF PARENTAL NOTICE AND CONSENT
OR CONSENT ONLY TO TERMINATION OF
PREGNANCY
(a) Applicability. Appeal proceedings to review final orders
dismissing a petition for judicial waiver of parental notice and
consent or consent only to the termination of a pregnancy will be as
in civil cases, except as modified by this rule.
(b) Fees. No filing fee will be required for any part of an
appeal of the dismissal of a petition for a judicial waiver of parental
notice and consent or consent only to the termination of a
pregnancy.
(c) Transmission of Notice of Appeal and Electronic
Record. Within 2 days of the filing of the notice of appeal, the clerk
of the lower tribunal must electronically transmit the notice of
appeal and the record simultaneously. The clerk of the lower
tribunal must prepare the record as described in rule 9.200(d).
(d) Disposition of Appeal. The court must render its
decision on the appeal no later than 7 days from the receipt of the
notice of appeal. If no decision is rendered within that time period,
the order is deemed reversed, the petition is deemed granted, and
the clerk of the court must place a certificate to that effect in the file
and provide the appellant, without charge, with a certified copy of
the certificate.
(e) Briefs and Oral Argument. Briefs, oral argument, or
both may be ordered at the discretion of the court. The appellant
may move for leave to file a brief and may request oral argument.
(f) Confidentiality of Proceedings. The appeal and all
proceedings within must be confidential so that the minor remains
anonymous. The file must remain sealed unless otherwise ordered
by the court.
(g) Procedure Following Reversal. If the dismissal of the
petition is reversed on appeal, the clerk of the court must furnish
the appellant, without charge, with either a certified copy of the
decision or the clerk of the court’s certificate for delivery to the
minor’s physician.
Committee Notes
2014 Amendment. The previous version of this rule was
found at rule 9.110(n).