# Su preme Court of Florida

____________

No. SC 2023

- 0438

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IN RE : AMENDMENT S TO FLORIDA RULE OF APPELLATE PROCEDURE 9.130

.
May 2, 2024

PER CURIAM.

Th is matter is before the Court, on its own motion, for

consideration of amend ments to Florida Rule of Appellate Procedure

9.130 (Proceedings to Review Nonfinal Orders and Specified Final

Orders). We have jurisdiction. See art. V, § 2(a), Fla. Const.

In June 2023, the Court pu blished for comment in The Florida

Bar News a propos al to amend rule 9.130(a)(3) by creating a new

subdivision (H) , which as proposed would provide for interlocutory

review of nonfinal order s that confirm or den y confirmation of an

arbitration award, or that modi fy , correct, or vacate an arbitration

award , and by deleting from existing subdivision (a)(3)(C)(iv) a

provision that allows for interlocutory review of nonfinal order s- 2

- determining entitlement to arbitration and adding that text to the

new subdivision.

The Florida Bar’s Appellate Court Rules Committee filed a

comment express ing opposition to the amendment. The minority of

Committee members voted in favor of the propos al but suggest ed

that the changes should be implemented by adding language to

subdivision (a)(3)(C)(iv), rather than by creating a new subdivision.

T he Court hereby adopts the amendments

, as set forth in the

proposal, with a minor modification . The proposed new subdivision

(a)(3)(H) is redesignated as (a)(3)(I) because on July 6, 2023 , rule

9.130 was amended to add a subdivision (a)(3)(H) in an unrelated

case

. See In re Amend

. to Fla

. R ule of Ap p. P roc

. 9.130 , 367 So. 3d

1204, 1205 (Fla. 2023) (crea ting a new subdivision (a)(3)(H) to

provide for interlocutory review of nonfinal orders that deny a

motion to dismiss on the basis of the qualifications of a

corroborating expert witness ).

Accordingly, we hereby amend the Florida Rule s of Appellate

Procedure as reflected in the appendix to this opinion. New

language is indicated by underscoring ; deletions are indicated by- 3

- struck

- through type . The amendments shall become effective on

July 1, 2024, at 12:01 a.m

.

It i s so ordered.

MUÑIZ, C. J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding

– Florida Rules of Appellate Procedure

Elaine D. Walter, Chair, Appellate Court Rules Committee, Miami, Florida, Hon. Andrew D. Manko, Past Chair, Appellate Court Rules Committee, Tallahassee, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Heather Savag e Telfer, Bar Liaison, The Florida Bar, Tallahassee, Florida,

Responding with comments- 4

- APPENDIX

RULE 9.130. PROCEEDINGS TO REVIEW NONFINAL ORDERS AND SPECIFIED FINAL ORDERS

(a) Applicability.

(1)

- (2) [No change]

(3) A ppeals to the district courts of appeal of nonfinal orders are limited to those that:

(A)

- (B) [No change]

(C) determine:

(i)

- (iii) [No change]

(iv) the entitlement of a party to arbitration, or to an appraisal under an insurance policy;

(v)

- (x) [No change]

(D)

- ( F ) [No change]

(G) grant or deny a motion for leave to amend to assert a claim for punitive damages; or
(H) deny a motion to dismiss on the basis of the qualifications of a co rroborating expert witness under subsections 766.102(5)

- (9), and (12), Florida Statutes

. ; or
(I) determine the entitlement of a party to arbitration, confirm or deny confirmation of an arbitration award or partial arbitration award, or modify, correct, or vacate an arbitration award

. (4)

- (5) [No change]

(b)

- (i) [No change]- 5

- Committee Notes

[No Change]