IN RE: AMENDMENT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.020

Fla. | 2021-09-02
No. SC21-253
Florida Supreme Court (2021)

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Synopsis

The Florida Supreme Court adopted an amendment to Florida Rule of Appellate Procedure 9.020 to clarify that timely, authorized motions for remittitur or additur toll the rendition of final orders, adding these motions to the existing list of motions that delay finality.


Holding

The Court amended Florida Rule of Appellate Procedure 9.020(h)(1)(A) to add the words ', remittitur, or additur' after 'motion for new trial,' thereby clarifying that timely, authorized motions for remittitur or additur toll rendition of final orders.


Headnotes

[1] Timely and authorized motions for remittitur or additur toll the rendition of final orders.

[2] Florida Rule of Appellate Procedure 9.020 has been amended to clarify that motions for remittitur or additur toll rendition.

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Key Quotes

“The Committee proposes amending rule 9.020 to include motions filed under Florida Rule of Civil Procedure 1.535 (Remittitur and Additur) in the list of motions that toll rendition of final orders.”

Establishes the core purpose of the amendment

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Facts & Procedural History

The Florida Bar's Appellate Court Rules Committee proposed amending rule 9.020 to include motions filed under Florida Rule of Civil Procedure 1.535 (R…

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Opinion of the Court

PER CURIAM.

Before the Court is the report of The Florida Bar’s Appellate Court Rules Committee (Committee) proposing an amendment to Florida Rule of Appellate Procedure 9.020 (Definitions). See Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee proposes amending rule 9.020 to include motions filed under Florida Rule of Civil Procedure 1.535 (Remittitur and Additur) in the list of motions that toll rendition of final orders.

The Committee’s proposal was approved by the Board of Governors of The Florida Bar by a vote of 39-1. The proposed amendment was published by both the Committee and the Court.

No comments were received following either publication.

Having considered the proposed amendment, the Court hereby amends Florida Rule of Appellate Procedure 9.020 as proposed by the Committee. In subdivision (h)(1)(A), the words “, remittitur, or additur” are added after “motion for new trial” to clarify that timely, authorized motions for remittitur or additur toll rendition.

Accordingly, the Florida Rules of Appellate Procedure are amended as set forth in the appendix to this opinion. New language is indicated by underscoring. The amendments shall become effective on October 1, 2021, at 12:01 a.m.

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER

THE EFFECTIVE DATE OF THIS AMENDMENT.


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