RULE 9.600. JURISDICTION OF LOWER TRIBUNAL PENDING
REVIEW

(a) Concurrent Jurisdiction. Only the court may grant an
extension of time for any act required by these rules. Before the
record is docketed, the lower tribunal shall have concurrent
jurisdiction with the court to render orders on any other procedural
matter relating to the cause, subject to the control of the court,
provided that clerical mistakes in judgments, decrees, or other
parts of the record arising from oversight or omission may be
corrected by the lower tribunal on its own initiative after notice or
on motion of any party before the record is docketed in the court,
and, thereafter with leave of the court.
(b) Further Proceedings. If the jurisdiction of the lower
tribunal has been divested by an appeal from a final order, the
court by order may permit the lower tribunal to proceed with
specifically stated matters during the pendency of the appeal.

(c) Family Law Matters. In family law matters:

(1) The lower tribunal shall retain jurisdiction to enter
and enforce orders awarding separate maintenance, child support,
alimony, attorneys’ fees and costs for services rendered in the lower
tribunal, temporary attorneys’ fees and costs reasonably necessary
to prosecute or defend an appeal, or other awards necessary to
protect the welfare and rights of any party pending appeal.

(2) The receipt, payment, or transfer of funds or
property under an order in a family law matter shall not prejudice
the rights of appeal of any party. The lower tribunal shall have the
jurisdiction to impose, modify, or dissolve conditions upon the
receipt or payment of such awards in order to protect the interests
of the parties during the appeal.

(3) Review of orders entered pursuant to this
subdivision shall be by motion filed in the court within 30 days of
rendition.

(d) Criminal Cases. The lower tribunal shall retain
jurisdiction to consider motions pursuant to Florida Rules of
Criminal Procedure 3.800(b)(2) and in conjunction with post-trial
release pursuant to rule 9.140(h).

Committee Notes

1977 Amendment. This rule governs the jurisdiction of the
lower tribunal during the pendency of review proceedings, except
for interlocutory appeals. If an interlocutory appeal is taken, the
lower tribunal’s jurisdiction is governed by rule 9.130(f).

Subdivision (b) replaces former rule 3.8(a). It allows for
continuation of various aspects of the proceeding in the lower
tribunal, as may be allowed by the court, without a formal remand
of the cause. This rule is intended to prevent unnecessary delays in
the resolution of disputes.

Subdivision (c) is derived from former rule 3.8(b). It provides
for jurisdiction in the lower tribunal to enter and enforce orders
awarding separate maintenance, child support, alimony, temporary
suit money, and attorneys’ fees. Such orders may be reviewed by
motion.

1980 Amendment. Subdivision (a) was amended to clarify the
appellate court’s paramount control over the lower tribunal in the
exercise of its concurrent jurisdiction over procedural matters. This
amendment would allow the appellate court to limit the number of
extensions of time granted by a lower tribunal, for example.

1994 Amendment. Subdivision (c) was amended to conform
to and implement section 61.16(1), Florida Statutes (1994 Supp.),
authorizing the lower tribunal to award temporary appellate
attorneys’ fees, suit money, and costs.

1996 Amendment. New rule 9.600(d) recognizes the
jurisdiction of the trial courts, while an appeal is pending, to rule
on motions for post-trial release, as authorized by rule 9.140(g), and
to decide motions pursuant to Florida Rule of Criminal Procedure
3.800(a), as authorized by case law such as Barber v. State, 590 So.
2d 527 (Fla. 2d DCA 1991).