Florida Appellate Rule 9.360
RULE 9.360. PARTIES
(a) Joinder for Realignment as Appellant or Petitioner.
An appellee or respondent who desires to realign as an appellant or
petitioner must serve a notice of joinder no later than the latest of
the following:
(1) within 15 days of service of a timely filed notice of
appeal or petition;
(2) within the time prescribed for filing a notice of
appeal; or
(3) within the time prescribed in rule 9.100(c).
The notice of joinder must be filed in the appellate court either
before service or immediately thereafter. The body of the notice
must set forth the proposed new caption. The notice must be
accompanied by any required filing fee except as provided in rule
9.430 for proceedings by indigents. On filing the notice and
payment of the fee, the clerk of the court will change the caption to
reflect the realignment of the parties in the notice.
(b) Attorneys; Representatives; Guardians Ad Litem.
Attorneys, representatives, and guardians ad litem in the lower
tribunal will retain their status in the court unless others are duly
appointed or substituted; however, for limited representation
proceedings under rule 9.440 or Florida Family Law Rule of
Procedure 12.040, representation terminates on the filing of a
notice of completion titled “Termination of Limited Appearance”
pursuant to rule 9.440 or rule 12.040(c).
(c) Substitution of Parties.
(1) If substitution of a party is necessary for any
reason, the court may so order on its own motion or that of a party.
(2) Public officers as parties in their official capacities
may be described by their official titles rather than by name. Their
successors in office will be automatically substituted as parties.
(3) If a party dies while a proceeding is pending and
that party’s rights survive, the court may order the substitution of
the proper party on its own motion or that of any interested person.
(4) If a person entitled to file a notice of appeal dies
before filing and that person’s rights survive, the notice may be filed
by the personal representative, the person’s attorney, or, if none, by
any interested person. Following filing, the proper party will be
substituted.
Committee Notes
1977 Amendment. This rule is intended as a simplification of
the former rules with no substantial change in practice.
Subdivision (a) is a simplification of the provisions of former
rule 3.11(b), with modifications recognizing the elimination of
assignments of error.
Subdivision (b) retains the substance of former rule 3.11(d).
Subdivision (c)(1) substantially simplifies the procedure for
substituting parties. This change is in keeping with the overall
concept of this revision that these rules should identify material
events that may or should occur in appellate proceedings and
specify in general terms how that event should be brought to the
attention of the court and how the parties should proceed. The
manner in which these events shall be resolved is left to the courts,
the parties, the substantive law, and the circumstances of the
particular case.
Subdivision (c)(2) is new and is intended to avoid the necessity
of motions for substitution if the person holding a public office is
changed during the course of proceedings. It should be noted that
the style of the case does not necessarily change.
Subdivision (c)(4) is new, and is intended to simplify the
procedure and avoid confusion if a party dies before an appellate
proceeding is instituted. Substitutions in such cases are to be made
according to subdivision (c)(1).
2018 Amendment. The title of subdivision (a) was amended to
clarify that the joinder permitted by this rule is only for the purpose
of realigning existing parties to the appeal. The required notice
pursuant to subdivision (a) retains the original terminology and
continues to be referred to as a “notice of joinder” consistent with
the existing statutory scheme to collect a fee for filing such a notice.
Subdivision (a) was also amended to remove the prior directions for
filing the notice “in the same manner as the petition or notice of
appeal,” so that a notice of realignment is now properly filed in the
court.
(a) Joinder for Realignment as Appellant or Petitioner.
An appellee or respondent who desires to realign as an appellant or
petitioner must serve a notice of joinder no later than the latest of
the following:
(1) within 15 days of service of a timely filed notice of
appeal or petition;
(2) within the time prescribed for filing a notice of
appeal; or
(3) within the time prescribed in rule 9.100(c).
The notice of joinder must be filed in the appellate court either
before service or immediately thereafter. The body of the notice
must set forth the proposed new caption. The notice must be
accompanied by any required filing fee except as provided in rule
9.430 for proceedings by indigents. On filing the notice and
payment of the fee, the clerk of the court will change the caption to
reflect the realignment of the parties in the notice.
(b) Attorneys; Representatives; Guardians Ad Litem.
Attorneys, representatives, and guardians ad litem in the lower
tribunal will retain their status in the court unless others are duly
appointed or substituted; however, for limited representation
proceedings under rule 9.440 or Florida Family Law Rule of
Procedure 12.040, representation terminates on the filing of a
notice of completion titled “Termination of Limited Appearance”
pursuant to rule 9.440 or rule 12.040(c).
(c) Substitution of Parties.
(1) If substitution of a party is necessary for any
reason, the court may so order on its own motion or that of a party.
(2) Public officers as parties in their official capacities
may be described by their official titles rather than by name. Their
successors in office will be automatically substituted as parties.
(3) If a party dies while a proceeding is pending and
that party’s rights survive, the court may order the substitution of
the proper party on its own motion or that of any interested person.
(4) If a person entitled to file a notice of appeal dies
before filing and that person’s rights survive, the notice may be filed
by the personal representative, the person’s attorney, or, if none, by
any interested person. Following filing, the proper party will be
substituted.
Committee Notes
1977 Amendment. This rule is intended as a simplification of
the former rules with no substantial change in practice.
Subdivision (a) is a simplification of the provisions of former
rule 3.11(b), with modifications recognizing the elimination of
assignments of error.
Subdivision (b) retains the substance of former rule 3.11(d).
Subdivision (c)(1) substantially simplifies the procedure for
substituting parties. This change is in keeping with the overall
concept of this revision that these rules should identify material
events that may or should occur in appellate proceedings and
specify in general terms how that event should be brought to the
attention of the court and how the parties should proceed. The
manner in which these events shall be resolved is left to the courts,
the parties, the substantive law, and the circumstances of the
particular case.
Subdivision (c)(2) is new and is intended to avoid the necessity
of motions for substitution if the person holding a public office is
changed during the course of proceedings. It should be noted that
the style of the case does not necessarily change.
Subdivision (c)(4) is new, and is intended to simplify the
procedure and avoid confusion if a party dies before an appellate
proceeding is instituted. Substitutions in such cases are to be made
according to subdivision (c)(1).
2018 Amendment. The title of subdivision (a) was amended to
clarify that the joinder permitted by this rule is only for the purpose
of realigning existing parties to the appeal. The required notice
pursuant to subdivision (a) retains the original terminology and
continues to be referred to as a “notice of joinder” consistent with
the existing statutory scheme to collect a fee for filing such a notice.
Subdivision (a) was also amended to remove the prior directions for
filing the notice “in the same manner as the petition or notice of
appeal,” so that a notice of realignment is now properly filed in the
court.