Emergency Amendments to Rules of Appellate Procedure., In re
| Decision Date | 27 March 1980 |
| Docket Number | No. 50409-C,50409-C |
| Citation | 381 So.2d 1370 |
| Parties | In re EMERGENCY AMENDMENTS TO RULES OF APPELLATE PROCEDURE. |
| Court | Florida Supreme Court |
Original Jurisdiction Rules of Appellate Procedure.
Bill Wagner, Chairman of the Court Rules Steering Committee, Tampa, for petitioner.
The petition of the Court Rules Steering Committee is granted and the appended emergency amendments to the Florida Rules of Appellate Procedure are hereby adopted temporarily to govern all proceedings within their scope after 12:01 a. m. April 1, 1980. Cases which are pending in this Court prior to April 1, 1980, shall continue to be governed by the Florida Rules of Appellate Procedure in effect prior to April 1, 1980.
On March 11, 1980, the voters of Florida adopted the 1980 Amendment to Article V of the Florida Constitution which modified the jurisdiction of the Florida Supreme Court, effective April 1, 1980. Anticipating approval of the constitutional amendment the Court requested the Appellate Court Rules Committee to prepare necessary amendments to the appellate rules. A subcommittee of the Appellate Court Rules Committee was appointed and that subcommittee prepared the proposed amendments submitted March 18, 1980, with the Petition of the Court Rules Steering Committee. These proposals were submitted to and approved by the Board of Governors of The Florida Bar. With minor modifications by the Court, these amendments are now adopted temporarily.
Recognizing the short time span between the adoption of the constitutional amendment and its effective date, interested parties are hereby allowed to file any appropriate suggestions or objections on or before April 30, 1980, directed to specific rules stating why the rule is inappropriate or objectionable. A copy of all objections or suggestions shall be served on The Florida Bar in Tallahassee.
The Appellate Court Rules Committee is directed to review all appellate rules in light of the recent constitutional amendment, including the format for abbreviated applications for discretionary review, and the emergency rules adopted by this opinion and to submit any additional proposed amendments by July 1, 1980.
(1) Appeal Jurisdiction.
(i) final orders of courts imposing sentences of death; 1
(ii) final orders of trial courts and decisions of district courts of appeal initially and directly passing on the validity of declaring invalid a state statute or a federal statute or treaty, or construing a provision of the state or federal constitution. 2
(i) final orders of courts imposing sentences of life imprisonment,
(i) by appeal final orders entered in proceedings for the validation of bonds or certificates of indebtedness. 3
(ii) action of statewide agencies relating to rates or service of utilities providing electric, gas or telephone service. 4
(2) Certiorari Discretionary Jurisdiction. The certiorari discretionary jurisdiction of the Supreme Court may be sought to review:
(A) decisions of district courts of appeal that: 5
(i) expressly declare valid a state statute;
(ii) expressly construe a provision of the state or federal constitution;
(iii) (iv) are in direct conflict expressly and directly conflict with a decision of any another district court of appeal or of the Supreme Court on the same point of law;
(vi) are certified to be in direct conflict with decisions of other district courts of appeal; (B) any interlocutory order passing upon a matter which, upon final judgment, would be directly reviewable by the Supreme Court;
(B) orders and judgments of trial courts certified by the district court of appeal in which the appeal is pending to require immediate resolution by the Supreme Court, and: 6
(i) to be of great public importance, or
(ii) to have a great effect on the proper administration of justice;
(C) questions of law certified by the Supreme Court of the United States or a United States Court of Appeals that are determinative of the cause of action and for which there is no controlling precedent of the Supreme Court of Florida. 7
(3) Original Jurisdiction. The Supreme Court may issue writs of prohibition to lower courts tribunals in causes within the jurisdiction of the Court to review, writs of mandamus and quo warranto to state officers and state agencies, and all writs necessary to the complete exercise of the Court's jurisdiction. The Supreme Court or any justice may issue writs of habeas corpus returnable before the Supreme Court or any justice, a district court of appeal or any judge thereof, or any circuit judge. 8
(1) Appeal Jurisdiction. District courts of appeal shall review, by appeal:
(A) final orders 1 or 2 not directly reviewable by the Supreme Court or a circuit court;
(B) non-final orders of lower tribunals as prescribed by Rule 9.130(a)(3); 9
(C) administrative action when provided by general law. 2
(2) Certiorari Jurisdiction. 8 The certiorari jurisdiction of district courts of appeal may be sought to review:
(A) non-final orders of lower tribunals other than as prescribed by Rule 9.130;
(B) final orders of circuit courts acting in their review capacity.
(3) Original Jurisdiction. 8 District court of appeal may issue writs of mandamus, prohibition, quo warranto, common law certiorari and all writs necessary to the complete exercise of the courts' jurisdiction; 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.
(1) Appeal Jurisdiction. The circuit courts shall review, by appeal:
(A) final orders of lower tribunals as provided by general law; 1 or 2
(B) non-final orders of lower tribunals as prescribed by Rule 9.130(a)(3); 9
(C) administrative action when provided by law. 2
(2) Certiorari Jurisdiction. 8 The certiorari jurisdiction of circuit courts may be sought to review non-final orders of lower tribunals other than as prescribed by Rule 9.130.
(3) Original Jurisdiction. 8 Circuit courts may issue writs of mandamus, prohibition, quo warranto, common law certiorari, habeas corpus and all writs necessary to the complete exercise of the courts' jurisdiction.
1977 Revision. This rule replaces former Rule 2.1(a)(5) and 2.2(a)(4). It sets forth the jurisdiction of the Supreme Court, district courts of appeal, and that portion of the jurisdiction of the circuit courts to which these rules apply. It paraphrases Sections 3(b), 4(b) and, in relevant part, (5)(b) of Article V of the Florida Constitution. The items stating the certiorari jurisdiction of the Supreme Court and district courts of appeal refer to the constitutional jurisdiction popularly known as the "constitutional certiorari" jurisdiction of the Supreme Court and "common law certiorari" jurisdiction of the district courts of appeal. This rule is not intended to affect the substantive law governing the jurisdiction of any court and should not be considered as authority for the resolution of disputes concerning any court's jurisdiction. Its purpose is to provide a tool of reference to the practitioner so that ready reference may be made to the specific procedural rule or rules governing a particular proceeding. Footnote references have been made to the rule or rules governing proceedings invoking the listed areas of jurisdiction.
This rule does not set forth the basis for the issuance of advisory opinions by the Supreme Court to the Governor since the power to advise rests with the justices under Article IV, Section 1(c) of the Florida Constitution, and not the Supreme Court as a body. The procedure governing requests from the Governor for advice are set forth in Rule 9.500.
The Advisory Committee considered and rejected as unwise a proposal to permit the chief judge of each judicial circuit to modify the applicability of these rules to his circuit. These rules may be modified in a particular case, of course, by an agreed joint motion of the parties granted by the court so long as the change does not affect jurisdiction.
1980 Amendment. Section (a) of this rule has been extensively revised to reflect the constitutional modifications in the Supreme Court's jurisdiction as approved by the electorate on March 11, 1980. See Article V, Section 3(b), Florida Constitution (1980). The impetus for these modifications was a burgeoning caseload and the attendant need to make more efficient use of limited appellate resources. Consistent with this purpose, revised Section (a) limits the Supreme Court's appellate, discretionary, and original jurisdiction to cases that substantially affect the law of the state. The district courts of appeal will constitute the courts of last resort for the vast majority of litigants under amended Article V.
Subsection (a)(1)(A)(i) retains the mandatory appellate jurisdiction of the Supreme Court to review final orders of trial courts imposing death sentences.
Subsection (a)(1)(A)(ii) has been substantively changed in accordance with amended Article V, Section 3(b)(1), Florida Constitution (1980), to eliminate the court's mandatory appellate review of final orders of trial courts and decisions of district courts of appeal initially and directly passing on the validity of a state statute or a federal statute or treaty, or construing a provision of the state or ...
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