In Re: Amendments to Florida Rules of Appellate Procedure
The Florida Supreme Court adopted most amendments proposed by the Appellate Court Rules Committee to Rules 9.110, 9.130, and 9.800, but declined to amend Rule 9.140. The most significant change for civil practitioners is new Rule 9.130(a)(3)(F)(iv), which creates an interlocutory appeal right for civil defendants when a trial court denies immunity under Florida's Stand Your Ground statute (§ 776.032). The court refused to extend the same right to criminal defendants, holding that writ of prohibition remains the appropriate vehicle in criminal proceedings.
Key facts
- The Appellate Court Rules Committee voted 28-6 on the Rule 9.130 amendments and 26-6 on the Rule 9.140 amendments; the Florida Bar Board of Governors unanimously recommended adopting all proposals.
- Florida's existing Rule 9.130(a)(3)(F) already permitted interlocutory appeals from orders denying § 768.28(9) public-employee immunity and sovereign immunity; the amendment adds Stand Your Ground civil immunity to that list.
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Holdings
- New Fla. R. App. P. 9.130(a)(3)(F)(iv)
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