Rule 9.331, Determination of Causes, In re, No. 50409-A

CourtFlorida Supreme Court
Writing for the CourtPER CURIAM; ENGLAND; BOYD
Citation377 So.2d 700
Docket NumberNo. 50409-A
Decision Date06 December 1979
PartiesIn re RULE 9.331, DETERMINATION OF CAUSES BY A DISTRICT COURT OF APPEAL EN BANC, FLORIDA RULES OF APPELLATE PROCEDURE.

Page 700

377 So.2d 700
In re RULE 9.331, DETERMINATION OF CAUSES BY A DISTRICT COURT OF APPEAL EN BANC, FLORIDA RULES OF APPELLATE PROCEDURE.
No. 50409-A.
Supreme Court of Florida.
Dec. 6, 1979.
CLARIFYING OPINION

PER CURIAM.

In our opinion of In Re Rule 9.331, Determination of Causes by a District Court of Appeal En Banc, Florida Rules of Appellate Procedure, 374 So.2d 992 (Fla.1979), we initially adopted this rule and afforded all interested parties an opportunity to present their objections or suggestions to the Court not later than November 1, 1979. We have modified the rule in accordance with some of the suggestions received by the Court. The rule as modified and appended to this opinion shall take effect at 12:01 a.m., January 1, 1980.

In light of the adoption of SJR 20-C and SB 21-C by the Florida Legislature on November 28, 1979, jurisdiction of this proceeding is retained to consider further amendments to Rule 9.331 as may now be appropriate to permit en banc proceedings for matters other than intradistrict conflict. All interested parties are invited to submit proposed additions to the rule not later than 5:00 p.m. on February 1, 1980.

It is so ordered.

ENGLAND, C. J., and ADKINS, OVERTON, SUNDBERG, ALDERMAN and McDONALD, JJ., concur.

BOYD, J., dissents.

RULE 9.331

DETERMINATION OF CAUSES IN A DISTRICT COURT OF APPEAL EN BANC

(a) EN BANC PROCEEDINGS: GENERALLY. A majority of the judges of a district court of appeal may order a proceeding pending before the court be determined en banc. A district court of appeal en banc shall consist of the judges in regular active service on the court. En banc hearings and rehearings shall not be ordered unless necessary to maintain uniformity in the court's decisions.

(b) HEARINGS EN BANC. A hearing en banc may be ordered only by a district court of appeal on its own motion. A party may not request an en banc hearing. A motion seeking the hearing shall be stricken.

(c) REHEARINGS EN BANC.

Page 701

(1) Generally. A rehearing en banc may be ordered by a district court of appeal on its own motion or on motion of a party. Within the time prescribed by Rule 9.330 and in conjunction with the motion for rehearing, a party may move for an en banc rehearing solely on the ground that such consideration is necessary to maintain uniformity in the court's decisions. A motion based on any other ground shall be stricken. A vote will not be taken on the motion unless requested by a judge on the panel...

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7 practice notes
  • Carroll v. State, No. 82-2565
    • United States
    • Court of Appeal of Florida (US)
    • December 10, 1985
    ..." In re Rule 9.331, 374 So.2d 992, 993 (Fla.1979) (quoting the Appellate Structure Commission's Report), modified on other grounds, 377 So.2d 700 (Fla.1979), 416 So.2d 1127 (Fla.1982); stated differently, the Court has "construed the 'three judges shall consider each case' language of [A]rt......
  • Shrader v. State, Case No. 2D13-2712
    • United States
    • Court of Appeal of Florida (US)
    • August 23, 2019
    ...Id. at 993–94 ; In re Rule 9.331, Determination of Causes by a District Court of Appeal En Banc, Florida Rules of Appellate Procedure, 377 So. 2d 700, 701 (Fla. 1979). Five years later, the supreme court expanded the rule to also permit en banc consideration when a "case is of exceptional i......
  • Chase Federal Sav. and Loan Ass'n v. Schreiber, No. 63017
    • United States
    • United States State Supreme Court of Florida
    • August 30, 1985
    ...concept of decisional uniformity." In re Florida Rules of Appellate Procedure, Rule 9.331, 374 So.2d 992, 994 (Fla.1979), as modified in 377 So.2d 700 (Fla.1979), and as further modified in 416 So.2d 1127 In holding the en banc process constitutional, we construed the "three judges shall co......
  • University of Miami v. Wilson, No. 3D04-2939.
    • United States
    • Court of Appeal of Florida (US)
    • June 21, 2006
    ...Determination of Causes by a District Court of Appeal En Banc, Florida Rules of Appellate Procedure, 374 So.2d 992 (Fla. 1979) modified, 377 So.2d 700 (Fla.1979). At that time, the new rule was crafted carefully and explicitly. En banc sittings of the district courts of appeal were limited ......
  • Request a trial to view additional results
7 cases
  • Carroll v. State, No. 82-2565
    • United States
    • Court of Appeal of Florida (US)
    • December 10, 1985
    ..." In re Rule 9.331, 374 So.2d 992, 993 (Fla.1979) (quoting the Appellate Structure Commission's Report), modified on other grounds, 377 So.2d 700 (Fla.1979), 416 So.2d 1127 (Fla.1982); stated differently, the Court has "construed the 'three judges shall consider each case' language of [A]rt......
  • Shrader v. State, Case No. 2D13-2712
    • United States
    • Court of Appeal of Florida (US)
    • August 23, 2019
    ...Id. at 993–94 ; In re Rule 9.331, Determination of Causes by a District Court of Appeal En Banc, Florida Rules of Appellate Procedure, 377 So. 2d 700, 701 (Fla. 1979). Five years later, the supreme court expanded the rule to also permit en banc consideration when a "case is of exceptional i......
  • Chase Federal Sav. and Loan Ass'n v. Schreiber, No. 63017
    • United States
    • United States State Supreme Court of Florida
    • August 30, 1985
    ...concept of decisional uniformity." In re Florida Rules of Appellate Procedure, Rule 9.331, 374 So.2d 992, 994 (Fla.1979), as modified in 377 So.2d 700 (Fla.1979), and as further modified in 416 So.2d 1127 In holding the en banc process constitutional, we construed the "three judges shall co......
  • University of Miami v. Wilson, No. 3D04-2939.
    • United States
    • Court of Appeal of Florida (US)
    • June 21, 2006
    ...Determination of Causes by a District Court of Appeal En Banc, Florida Rules of Appellate Procedure, 374 So.2d 992 (Fla. 1979) modified, 377 So.2d 700 (Fla.1979). At that time, the new rule was crafted carefully and explicitly. En banc sittings of the district courts of appeal were limited ......
  • Request a trial to view additional results

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