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Florida Rules of Appellate Procedure

9.020 Definitions

The following terms have the meanings shown as used in these rules:

(a) Administrative Action. Administrative action shall include:

(1) final agency action as defined in the Administrative Procedure Act, chapter 120, Florida Statutes;
(2) non-final action by an agency or administrative law judge reviewable under the Administrative Procedure Act;
(3) quasi-judicial decisions by any administrative body, agency, board or commission not subject to the Administrative Procedure Act; and
(4) administrative action for which judicial review is provided by general law.

(b) Clerk. The person or official specifically designated as such for the court or lower tribunal; if no person or official has been specifically so designated, the official or agent who most closely resembles a clerk in the functions performed.

(c) Court. The supreme court; the district courts of appeal; and the circuit courts in the exercise of the jurisdiction described by rule 9.030(c), including the chief justice of the supreme court and the chief judge of a district court of appeal in the exercise of constitutional, administrative, or supervisory powers on behalf of such courts.

(d) Family Law Matter. A matter governed by the Florida Family Law Rules of Procedure.

(e) Lower Tribunal. The court, agency, officer, board, commission, judge of compensation claims, or body whose order is to be reviewed.

(f) Order. A decision, order, judgment, decree, or rule of a lower tribunal, excluding minutes and minute book entries.

(g) Parties.

(1) Appellant. A party who seeks to invoke the appeal jurisdiction of a court.
(2) Appellee. Every party in the proceeding in the lower tribunal other than an appellant.
(3) Petitioner. A party who seeks an order under rule 9.100 or rule 9.120.
(4) Respondent. Every other party in a proceeding brought by a petitioner.

(h) Rendition (of an Order). An order is rendered when a signed, written order is filed with the clerk of the lower tribunal. However, unless another applicable rule of procedure specifically provides to the contrary, if a final order has been entered and there has been filed in the lower tribunal an authorized and timely motion for new trial, for rehearing, for certification, to alter or amend, for judgment in accordance with prior motion for directed verdict, for arrest of judgment, to challenge the verdict, to correct a sentence or order of probation pursuant to Florida Rule of Criminal Procedure 3.800(b)(1), to withdraw a plea after sentencing pursuant to Florida Rule of Criminal Procedure 3.170(l), or to vacate an order based upon the recommendations of a hearing officer in accordance with Florida Family Law Rule of Procedure 12.491, the following exceptions apply:

(1) If such a motion or motions have been filed, the final order shall not be deemed rendered with respect to any claim between the movant and any party against whom relief is sought by the motion or motions until the filing of a signed, written order disposing of all such motions between such parties.

(2) If such a motion or motions have been filed, a signed, written order granting a new trial shall be deemed rendered when filed with the clerk, notwithstanding that other such motions may remain pending at the time.

(3) If such a motion or motions have been filed and a notice of appeal is filed before the filing of a signed, written order disposing of all such motions, all motions filed by the appealing party that are pending at the time shall be deemed abandoned, and the final order shall be deemed rendered by the filing of the notice of appeal as to all claims between parties who then have no such motions pending between them. However, a pending motion to correct a sentence or order of probation or a motion to withdraw the plea after sentencing shall not be affected by the filing of a notice of appeal from a judgment of guilt. In such instance, the notice of appeal shall be treated as prematurely filed and the appeal held in abeyance until the filing of a signed, written order disposing of such motion.

(i) Rendition of an Appellate Order. If any timely and authorized motion under rule 9.330 or 9.331 is filed, the order shall not be deemed rendered as to any party until all of the motions are either abandoned or resolved by the filing of a written order.

 

Links

Florida Rules of Appellate Procedure
9.010 Effective Date and Scope
9.020 Definitions
9.030 Jurisdiction of Courts
9.040 General Provisions
9.100 Original Proceedings
9.110 Appeal Proceedings to Review Final Orders of Lower Tribunals and Orders Granting New Trial in Jury and Non-jury Cases
9.120 Discretionary Proceedings to Review Decisions of District Courts of Appeal
9.125 Review of Trial Court Orders and Judgments Certified by the District Courts of Appeal as Requiring Immediate Resolution by the Supreme Court
9.130 Proceedings to Review Non-final Orders and Specified Final Orders
9.140 Appeal Proceedings in Criminal Cases
9.141 Review Proceedings in Collateral or Postconviction Criminal Cases; Belated Appeals; Belated Discretionary Review; Ineffective Assistance of Appellate Counsel
9.142 Procedures for Review in Death Penalty Cases
9.145 Appeal Proceedings in Juvenile Delinquency Cases
9.146 Appeal Proceedings in Juvenile Dependency and Termination of Parental Rights Cases and Cases Involving Families and Children in Need of Services
9.150 Discretionary Proceedings to Review Certified Questions From Federal Courts
9.160 Discretionary Proceedings to Review Decisions of County Courts
9.180 Appeal Proceedings to Review Workers' Compensation Cases
9.190 Judicial Review of Administrative Action
9.200 The Record
9.210 Briefs
9.220 Appendix
9.225 Notice of Supplemental Authority
9.300 Motions
9.310 Stay Pending Review
9.315 Summary Disposition
9.320 Oral Argument
9.330 Rehearing; Clarification; Certification
9.331 Determination of Causes in a District Court of Appeal En Banc
9.340 Mandate
9.350 Dismissal of Causes
9.360 Parties
9.370 Amicus Curiae
9.400 Costs and Attorneys Fees
9.410 Sanctions
9.420 Filing; Service of Copies; Computation of Time
9.430 Proceedings by Indigents
9.440 Attorneys
9.500 Advisory Opinions to the Governor
9.510 Advisory Opinions to the Attorney General
9.600 Jurisdiction of Lower Tribunal Pending Review
9.700 Mediation Rules
9.710 Eligibility for Mediation
9.720 Mediation Procedures
9.730 Appointment and Compensation of the Mediator
9.740 Completion of Mediation
9.800 Uniform Citation System
9.900 Forms
 
Florida Rules of Appellate Procedure
Florida Rules of Civil Procedure
Florida Rules of Criminal Procedure
Florida Rules of Evidence - Evidence Code
Florida Rules of Evidence - Witnesses, Records and Documents
Florida Family Law Rules of Procedure
Florida Rules of Judicial Administration
Florida Rules of Juvenile Procedure
Florida Traffic Court Rules
 
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