In re Amendment to Fla. Rule of App. Proc. 9.130.

In re Amendment to Fla. Rule of App. Proc. 9.130.

Opinion

Original Proceeding — Florida Rules of Appellate Procedure

PER CURIAM.

This matter is before the Court for consideration of a proposed amendment to Florida Rule of Appellate Procedure 9.130 (Proceedings to Review Nonfinal Orders and Specified Final Orders). See Fla. R. Gen. Prac. & Jud. Admin. 2.140(f). We have jurisdiction.¹

The Florida Bar's Appellate Court Rules Committee (Committee) filed a report proposing an amendment to Florida Rule of Appellate Procedure 9.130. The Committee's proposal [*2]  follows a referral by the Court asking the Committee to propose rule amendments to provide for the interlocutory appeal of nonfinal orders granting or denying leave to amend a complaint to assert a claim for punitive damages.

The Committee and the Board of Governors of The Florida Bar approved the proposed amendment. The Committee published its proposal for comment prior to filing it with the Court and received two comments. After the Committee filed its report, the Court published the proposal for comment and received three comments.

After reviewing the proposal, considering the comments and response filed, and having had the benefit of oral argument, we adopt the proposed amendment to rule 9.130. Specifically, new subdivision (a)(3)(G) is added to authorize appeals of nonfinal orders that grant or deny a motion for leave to amend to assert a claim for punitive damages.

Accordingly, Florida Rule of Appellate Procedure 9.130 is amended as reflected in the appendix to this opinion. New language is indicated by underscoring. The amendment shall take effect on April 1, 2022, at 12:01 a.m.

It is so ordered.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.