FL · rules

Fla. R. App. P. 9.600

Jurisdiction of Lower Tribunal Pending Review

activein force · 2026-09-01 – presentact-effective-date

(a) Concurrent Jurisdiction. Only the court may grant an

extension of time for any act required by these rules. Before the

record is docketed, the lower tribunal shall have concurrent

jurisdiction with the court to render orders on any other procedural

matter relating to the cause, subject to the control of the court,

provided that clerical mistakes in judgments, decrees, or other

parts of the record arising from oversight or omission may be

corrected by the lower tribunal on its own initiative after notice or

on motion of any party before the record is docketed in the court,

and, thereafter with leave of the court.

(b) Further Proceedings. If the jurisdiction of the lower

tribunal has been divested by an appeal from a final order, the

court by order may permit the lower tribunal to proceed with

specifically stated matters during the pendency of the appeal.

(1) The lower tribunal shall retain jurisdiction to enter

and enforce orders awarding separate maintenance, child support,

alimony, attorneys’ fees and costs for services rendered in the lower

tribunal, temporary attorneys’ fees and costs reasonably necessary

to prosecute or defend an appeal, or other awards necessary to

protect the welfare and rights of any party pending appeal.

(2) The receipt, payment, or transfer of funds or

property under an order in a family law matter shall not prejudice

the rights of appeal of any party. The lower tribunal shall have the

jurisdiction to impose, modify, or dissolve conditions upon the

receipt or payment of such awards in order to protect the interests

of the parties during the appeal.

(3) Review of orders entered pursuant to this

subdivision shall be by motion filed in the court within 30 days of

rendition.

(d) Criminal Cases. The lower tribunal shall retain

jurisdiction to consider motions pursuant to Florida Rules of

Criminal Procedure 3.800(b)(2) and in conjunction with post-trial

release pursuant to rule 9.140(h).

History

Committee Notes 1977 Amendment. This rule governs the jurisdiction of the lower tribunal during the pendency of review proceedings, except for interlocutory appeals. If an interlocutory appeal is taken, the lower tribunal’s jurisdiction is governed by rule 9.130(f). Subdivision (b) replaces former rule 3.8(a). It allows for continuation of various aspects of the proceeding in the lower tribunal, as may be allowed by the court, without a formal remand of the cause. This rule is intended to prevent unnecessary delays in the resolution of disputes. Subdivision (c) is derived from former rule 3.8(b). It provides for jurisdiction in the lower tribunal to enter and enforce orders awarding separate maintenance, child support, alimony, temporary suit money, and attorneys’ fees. Such orders may be reviewed by motion. 1980 Amendment. Subdivision (a) was amended to clarify the appellate court’s paramount control over the lower tribunal in the exercise of its concurrent jurisdiction over procedural matters. This amendment would allow the appellate court to limit the number of extensions of time granted by a lower tribunal, for example. 1994 Amendment. Subdivision (c) was amended to conform to and implement section 61.16(1), Florida Statutes (1994 Supp.), authorizing the lower tribunal to award temporary appellate attorneys’ fees, suit money, and costs. 1996 Amendment. New rule 9.600(d) recognizes the jurisdiction of the trial courts, while an appeal is pending, to rule on motions for post-trial release, as authorized by rule 9.140(g), and to decide motions pursuant to Florida Rule of Criminal Procedure 3.800(a), as authorized by case law such as Barber v. State, 590 So. 2d 527 (Fla. 2d DCA 1991).

Provenance

Source: floridabar.org
Retrieved: 2026-09-14
Edition: 2026-09-14
Content hash: c71bee1809045a9e162d21ed1c35c0b901921aca7331a9f885a8298eb47c1347

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