Vital Pharmaceuticals, Inc. v. Kesten
The trial court granted leave to amend to add a punitive damages claim on March 10, 2022, before the April 1, 2022 effective date of new Florida Rule of Appellate Procedure 9.130(a)(3)(G) authorizing interlocutory appeals of such orders. Vital filed its notice of appeal on April 4, 2022, and Kesten moved to dismiss for lack of jurisdiction. The Third District denied the motion, holding that the effective-date inquiry for an amendment to the appellate rules turns on the date the appellate proceeding was commenced, not the date the nonfinal order was rendered.
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