In re: Amendment to Florida Rule of Appellate Procedure 9.130
Following a comment period on its earlier sua sponte amendment, the Florida Supreme Court further amended Rule of Appellate Procedure 9.130(a)(3)(H) to add a cross-reference to section 766.102(12), Florida Statutes, because that subsection also addresses the qualifications of a corroborating expert witness. As amended, orders denying a motion to dismiss based on the qualifications of a corroborating expert witness under sections 766.102(5)-(9) and (12) are immediately appealable nonfinal orders. Justice Labarga dissented, objecting to the Court's practice of adopting significant rule amendments on its own motion with a retroactive comment period.
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