FL · rules
Fla. R. App. P. 9.010
Effective Date; Scope; Applicability of Florida Rules of General Practice and Judicial Administration
These rules, cited as “Florida Rules of Appellate Procedure,”
and abbreviated “Fla. R. App. P.,” shall take effect at 12:01 a.m. on
March 1, 1978. They shall govern all proceedings commenced on or
after that date in the supreme court, the district courts of appeal,
and the circuit courts in the exercise of the jurisdiction described
by rule 9.030(c); provided that any appellate proceeding commenced
before March 1, 1978, shall continue to its conclusion in the court
in which it is then pending in accordance with the Florida Appellate
Rules, 1962 Amendment.
The Florida Rules of General Practice and Judicial
Administration are applicable in all proceedings governed by these
rules, except as otherwise provided by these rules. These rules shall
supersede all conflicting statutes and, as provided in Florida Rule of
General Practice and Judicial Administration 2.130, all conflicting
rules of procedure.
History
Committee Notes 1977 Amendment. The rules have been re-numbered to conform with the numbering system adopted by the Florida Supreme Court for all of its rules of practice and procedure, and to avoid confusion with the former rules, which have been extensively revised. The abbreviated citation form to be used for these rules appears in this rule and in rule 9.800. This rule sets an effective date and retains the substance of former rules 1.1, 1.2, and 1.4. A transition provision has been incorporated to make clear that proceedings already in the appellate stage before the effective date will continue to be governed by the former rules until the completion of appellate review in the court in which it is pending on the effective date. If review is sought after March 1, 1978, of an appellate determination made in a proceeding filed in the appellate court before that date, the higher court may allow review to proceed under the former rules if an injustice would result from required adherence to the new rules. Unnecessary language has been deleted and the wording has been simplified. Specific reference has been made to rule 9.030(c) to clarify those aspects of the jurisdiction of the circuit courts governed by these rules. 1992 Amendment. This rule was amended to eliminate the statement that the Florida Rules of Appellate Procedure supersede all conflicting rules. Other sets of Florida rules contain provisions applicable to certain appellate proceedings, and, in certain instances, those rules conflict with the procedures set forth for other appeals under these rules. In the absence of a clear mandate from the supreme court that only the Florida Rules of Appellate Procedure are to address appellate concerns, the committee felt that these rules should not automatically supersede other rules. See, e.g., In the Interest of E.P. v. Department of Health and Rehabilitative Services, 544 So. 2d 1000 (Fla. 1989). 1996 Amendment. Rule of Judicial Administration 2.135 now mandates that the Rules of Appellate Procedure control in all appellate proceedings.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
958ab4f7888c9adcd09dbd47cf3aad2295433de13f219cf01f14dd21a0ec91e5
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.