Jurisdiction & Scope of Review Handouts

Jurisdiction

Scope of Review

Handouts

Chief Judge Thomas Logue

Florida Courts Personnel Institute

February 2024

TABLE OF CONTENTS

I. Appellate Decision-Making Flow Chart ………………………………

II. Article 5, Section 4, Florida Constitution ……………………………..

III. Florida Rule of Appellate Procedure 9.110 ……………………………

IV. Florida Rule of Appellate Procedure 9.130 ……………………………

V. Get to Merits ……………………………………………......................

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West's F.S.A. Const. Art. 5 § 4

§ 4. District courts of appeal

(a) Organization.--There shall be a district court of appeal serving each appellate district.

Each district court of appeal shall consist of at least three judges. Three judges shall

consider each case and the concurrence of two shall be necessary to a decision.

(b) Jurisdiction.--

(1) District courts of appeal shall have jurisdiction to hear appeals, that may be taken as a

matter of right, from final judgments or orders of trial courts, including those entered on

review of administrative action, not directly appealable to the supreme court or a circuit

court. They may review interlocutory orders in such cases to the extent provided by rules

adopted by the supreme court.

(2) District courts of appeal shall have the power of direct review of administrative action,

as prescribed by general law.

(3) A district court of appeal or any judge thereof may issue writs of habeas corpus

returnable before the court or any judge thereof or before any circuit judge within the

territorial jurisdiction of the court. A district court of appeal may issue writs of mandamus,

certiorari, prohibition, quo warranto, and other writs necessary to the complete exercise of

its jurisdiction. To the extent necessary to dispose of all issues in a cause properly before

it, a district court of appeal may exercise any of the appellate jurisdiction of the circuit

courts.

marshal who shall hold office during the pleasure of the court and perform such duties as

the court directs. Their compensation shall be fixed by general law. The marshal shall

have the power to execute the process of the court throughout the territorial jurisdiction

of the court, and in any county may deputize the sheriff or a deputy sheriff for such

purpose.

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Fla. R. App. P. Rule 9.110 
Rule 9.110. Appeal Proceedings to Review Final Orders of Lower Tribunals and 
Orders Granting New Trial in Jury and Nonjury Cases 
Effective: January 1, 2024 
(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 

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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.

Fla. R. App. P. Rule 9.130

Rule 9.130. Proceedings to Review Nonfinal Orders and Specified Final Orders

Effective: December 14, 2023

(a) Applicability.

(1) This rule applies to appeals to the district courts of appeal of the nonfinal orders

authorized herein and to appeals to the circuit court of nonfinal orders when provided by

general law. Review of other nonfinal orders in such courts and nonfinal administrative

action shall be by the method prescribed by rule 9.100.

(2) Appeals of nonfinal orders in criminal cases shall be as prescribed by rule 9.140.

(3) Appeals to the district courts of appeal of nonfinal orders are limited to those that:

(A) concern venue;

(B) grant, continue, modify, deny, or dissolve injunctions, or refuse to modify or dissolve

injunctions;

(i) the jurisdiction of the person;

(ii) the right to immediate possession of property, including but not limited to orders

that grant, modify, dissolve, or refuse to grant, modify, or dissolve writs of replevin,

garnishment, or attachment;

(iii) in family law matters:

a. the right to immediate monetary relief;

b. the rights or obligations of a party regarding child custody or time-sharing under

a parenting plan; or

c. that a marital agreement is invalid in its entirety;

(iv) the entitlement of a party to arbitration, or to an appraisal under an insurance

policy;

(v) that, as a matter of law, a party is not entitled to workers' compensation immunity;

(vi) whether to certify a class;

(vii) that a governmental entity has taken action that has inordinately burdened real

property within the meaning of section 70.001(6)(a), Florida Statutes;

(viii) the issue of forum non conveniens;

(ix) that, as a matter of law, a settlement agreement is unenforceable, is set aside, or

never existed; or

(x) that a permanent guardianship shall be established for a dependent child pursuant

to section 39.6221, Florida Statutes;

(D) grant or deny the appointment of a receiver, or terminate or refuse to terminate a

receivership;

(E) grant or deny a motion to disqualify counsel;

(F) deny a motion that:

(i) asserts entitlement to absolute or qualified immunity in a civil rights claim arising

under federal law;

(ii) asserts entitlement to immunity under section 768.28(9), Florida Statutes; or

(iii) asserts entitlement to sovereign immunity;

(G) grant or deny a motion for leave to amend to assert a claim for punitive damages;

(H) deny a motion to dismiss on the basis of the qualifications of a corroborating expert

witness under subsections 766.102(5)-(9), and (12), Florida Statutes.

(4) Orders disposing of motions for rehearing or motions that suspend rendition are not

reviewable separately from a review of the final order; provided that orders granting

motions for new trial in jury and nonjury cases are reviewable by the method prescribed in

rule 9.110.

(5) Orders entered on an authorized and timely motion for relief from judgment are

reviewable by the method prescribed by this rule. Motions for rehearing directed to these

orders are not authorized under these rules and therefore will not toll the time for filing a

notice of appeal.

(b) Commencement. Jurisdiction of the court under subdivisions (a)(3)-(a)(5) of this rule

shall be invoked by filing a notice, accompanied by any filing fees prescribed by law, with

the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed.

substantially in the form prescribed by rule 9.900(c). Except in criminal cases, a conformed

copy of the order or orders designated in the notice of appeal shall be attached to the notice.

(d) Record. A record shall not be transmitted to the court unless ordered.

(e) Briefs. The appellant's initial brief, accompanied by an appendix as prescribed by rule

9.220, shall be served within 15 days of filing the notice. Additional briefs shall be served

as prescribed by rule 9.210.

(f) Stay of Proceedings. In the absence of a stay, during the pendency of a review of a

nonfinal order, the lower tribunal may proceed with all matters, including trial or final

hearing, except that the lower tribunal may not render a final order disposing of the cause

pending such review absent leave of the court.

(g) Cross-Appeal. An appellee may cross-appeal the order or orders designated by the

appellant, to review any ruling described in subdivisions (a)(3)-(a)(5), 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. A notice of cross-appeal,

accompanied by any filing fees prescribed by law, shall be filed either before service or

immediately thereafter in the same manner as the notice of appeal.

(h) Review on Full Appeal. This rule shall not preclude initial review of a nonfinal order

on appeal from the final order in the cause.

(i) Scope of Review. Multiple nonfinal orders that are listed in rule 9.130(a)(3) may be

reviewed by a single notice if the notice is timely filed as to each such order.

Florida Rules of Appellate Procedure

Get to Merits

(if jurisdiction, no procedural bars, and within scope of review)

Rule 9.020 (i). Rendition – (Multiple motions or multiple parties). Proper motions

which postpone rendition (e.g., rehearing of final judgment) toll time to appeal “as to any

existing party” and until the filing of an order disposing of the last such motion. (Big

exception: an order granting a new trial is rendered once signed and filed). If the notice of

appeal is filed after the motion is filed, the appeal is held in abeyance.

Rule 9.040(b). Forum. If a case is commenced in the wrong court, the “court shall

transfer” the case to the appropriate court.

Rule 9.040(c). Remedy. If a party seeks the wrong remedy, it will be treated as seeking

the right remedy.

Rule 9.040(d). Amendment. Allow amendment so that cases are disposed of on the

merits; in absence of amendment, disregard procedural errors or defects.

Rule 9.040 (h). Non-Jurisdictional Matters. Failure to timely file fees or conformed

copies of orders to be reviewed is subject to sanction, but is not jurisdictional.

Rule 9.110(l). Premature Appeals. Notice of Appeal filed before final order is rendered

is subject to dismissal. But the court may grant a party time to obtain a final order and the

lower tribunal retains jurisdiction to render final order.

Rule 9.200(f). Correcting and Supplementing the Record. Parties by stipulation or

court may correct the record. If the record is incomplete, the court “shall direct” a party to

supplement. No case can be decided on an incomplete record until an opportunity to

supplement the record has been given.