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FL Supreme CourtJanuary 6, 2022Amendment Adopted📋 Rule Change

In re: Amendment to Florida Rule of Appellate Procedure 9.130

Case No. SC21-129

The Florida Supreme Court adopted an amendment to Florida Rule of Appellate Procedure 9.130 adding new subdivision (a)(3)(G), which authorizes interlocutory appeals of nonfinal orders granting or denying a motion for leave to amend a complaint to assert a claim for punitive damages. The amendment took effect April 1, 2022. Justice Labarga dissented, warning of delay in civil cases and noting that no other state had such a rule.

Key facts

  • The Florida Supreme Court adopted an amendment to Florida Rule of Appellate Procedure 9.130(a)(3)(G) authorizing interlocutory appeals of nonfinal orders that grant or deny motions for leave to amend complaints to assert claims for punitive damages.
  • The amendment took effect on April 1, 2022, and changed the prior practice of reviewing such orders solely through common-law certiorari review.
  • +1 more key fact with a free trial

Why it matters

This rule change fundamentally alters the appellate landscape for punitive damages litigation in Florida: orders on motions for leave to plead punitive damages are now directly appealable as nonfinal orders under rule… — full analysis with a trial

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