Florida Appellate Rules., In re, 37079

• Decision Date: 19 June 1968
• Docket Number: No. 37079,37079
• Citation: 211 So.2d 198
• Parties: In re FLORIDA APPELLATE RULES.
• Court: Florida Supreme Court

Page 198

211 So.2d 198

In re FLORIDA APPELLATE RULES.

No. 37079.

Supreme Court of Florida.

June 19, 1968.

As Amended Aug. 30, 1968.

As Amended Sept. 20, 1968.

William P. Simmons, Jr., as President, and Henry P. Trawick, Jr., as Chairman, Florida Court Rules Committee.

PER CURIAM.

The Florida Appellate Rules, 1962 Revision, as amended, are hereby amended in the following respects, viz:

Rule 1.3 is amended by adding thereto the following:

" 'Civil action' includes all proceedings before courts which, from the subject matter, or the relief sought, are such as formerly were cognizable at law or in equity, and includes all proceedings before commissions or boards acting in a judicial or quasi judicial capacity."

Rule 2.1g is amended to read as follows:

"g. Advisory Committee on Rules. There is hereby created an advisory committee on rules consisting of the following persons to be appointed by the chief justice of the Supreme Court to serve for a period of two years; one justice of the Supreme Court, one judge of each district court of appeal, one or more circuit judges, and three members of The Florida Bar. This committee shall conduct a continuous study of all rules of procedure adopted by the Court pursuant to Article V of the Florida Constitution and shall make such recommendations to the Supreme Court concerning the same, and all proposed amendments or additions thereto, as are deemed advisable."

Rule 3.2b is amended to read as follows:

"b. Time. Appeals from final decisions, orders, judgments or decrees shall be commenced within 30 days from the rendition of the final decision, order, judgment or decree appealed from, unless some shorter period of time for taking an appeal is specifically provided by these rules."

Rule 3.2f is amended to read as follows:

"Rule 3.2f. Costs, prepayment of.--The mere nonpayment of costs, accruing before the appeal is taken and taxed against the appellant shall not affect his right to an appeal."

Rule 3.11b is hereby amended by striking all of said rule and inserting in lieu thereof the following:

"b. Joinder in Appeal. If any party who is an appellee desires to join as an appellant in the appeal he shall file his joinder in appeal, within the time allowed by these rules for filing notice of appeal; and thereafter, within the time prescribed by these rules for such purposes, he may, if he desires, file such additional assignments of error and additional directions to the clerk of the lower court as he may deem necessary. Should an appeal be commenced more than 20 days after the rendition of the decision, judgment, decree, or order appealed from, an appellee shall be allowed ten days after being served with a copy of the notice of appeal within which to file his joinder in appeal and his assignments of error."

Rule 3.11e (1) is amended to read as follows:

"(1) Voluntary Substitution. Whenever any party to an appeal pending in the Court shall die, the personal representative of the deceased party may voluntarily come in and be admitted as a party to the appeal, and said appeal shall thereupon be heard and determined as other appeals. If a party dies after rendition of the order or judgment appealed from, the appeal may be filed and maintained in the name of the personal representative of such deceased party. If no personal representative has been appointed in such case, the appeal may be filed and maintained in the name of the deceased party; provided, however, that the personal representative of the deceased party shall within 30 days after his qualification file with the appellate court a certified copy of his letters testamentary or letters of administration whereupon the personal representative shall be substituted as party appellant in lieu of the decedent without the necessity of further motion."

Rule 4.2a is amended to read as follows:

"a. Application. Appeals may be prosecuted in accordance with this rule from interlocutory orders in civil actions which, from the subject matter or relief sought, are such as formerly were cognizable in equity, from interlocutory orders relating to venue or jurisdiction over the person and from orders granting partial summary judgment on liability in civil actions, and from decisions, orders, judgments or decrees entered in civil actions after final judgment, except those relating to motions for new trial, rehearing or reconsideration; from orders granting or denying motions to vacate defaults and from orders granting or denying dismissal for lack of prosecution or denying reinstatement under Rule 1.420 R.C.P.; providing that nothing in this rule shall preclude the review of an interlocutory order or decree in a civil action on appeal from the final judgment or decree as otherwise authorized by these rules; and provided, however, this rule shall not be construed as limiting or affecting the power of the district courts of appeal or the circuit courts in reviewing any appropriate interlocutory order by common law certiorari."

Rule 4.2b is amended to read as follows:

"b. Time for Filing. The notice of appeal, which shall designate the appeal as an interlocutory appeal, and assignments of error shall be filed simultaneously within 30 days from the rendition of the decision, order, judgment or decree sought to be reviewed."

Rule 4.3. The first paragraph of Rule 4.3 is amended to read as follows:

"Appeals may be taken in bond validation proceedings only from the final judgment within 30 days after the rendition of such judgment."

Rule 4.5c (1) is amended to read as follows:

"c. Certiorari.

(1) Petition to be supported by transcript and brief. Application for writ of certiorari shall be by petition filed in the Court within 30 days from the rendition of the decision, order, judgment or decree sought to be reviewed. Unless otherwise ordered by the Court, it shall be accompanied by a certified transcript of the record of the proceedings the petitioner seeks to have reviewed or so much thereof as is essential. Unless shown by the respondent or his attorney to be necessary, no other record shall be required. The petition shall contain a concise statement of the cause and the reasons relied on for granting the writ. It shall be accompanied by a supporting brief prepared as provided by Rule 3.7."

The second paragraph of Rule 4.5c (6) is amended to read as follows:

"(6) From District Court to Supreme Court.

* * *

* * *

The petition for certiorari under this rule shall be filed in the Supreme Court within 30 days from the rendition of the order, decision or judgment of the district court of appeal. The petition shall set forth briefly and clearly the grounds for invoking jurisdiction of the Supreme Court and the facts relied upon for the issuance of the writ. Unle...