In re: Amendments to Florida Rules of Appellate Procedure 9.120 and 9.210
On the Appellate Court Rules Committee's supplemental report (filed after the Court granted rehearing of its 2019 amendments), the Florida Supreme Court abandoned the previously adopted 'notice of cross-review' procedure for discretionary review cases. Instead, effective January 1, 2021, a petitioner or respondent who intends to raise issues independent of those on which jurisdiction is invoked must identify those issues in a new 'statement of the issues' section of the jurisdictional brief, and rule 9.210 is amended to specify the required contents of jurisdictional briefs and to permit a cross-reply brief.
Key facts
- The Florida Supreme Court's Appellate Court Rules Committee filed a supplemental report recommending amendments to Florida Rules of Appellate Procedure 9.120 and 9.210 governing discretionary review procedures.
- The Court abandoned the 'notice of cross-review' procedure previously adopted in 2019, eliminating the requirement that respondents serve a separate notice of cross-review within five days of notice to invoke discretionary jurisdiction.
- +2 more key facts with a free trial
Why it matters
Any practitioner seeking or opposing Florida Supreme Court discretionary review must now preserve independent and cross-review issues in the jurisdictional brief's statement of the issues — failure to do so risks waiver… — full analysis with a trial
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