Florida Rules of Appellate Procedure
RULE 9.125 REVIEW OF TRIAL COURT ORDERS AND JUDGMENTS CERTIFIED BY THE DISTRICT COURTS OF APPEAL AS REQUIRING IMMEDIATE RESOLUTION BY THE SUPREME COURT
(a) Applicability. This rule applies to any order or
judgment of a trial court that has been certified by the
district court of appeal to require immediate resolution
by the supreme court because the issues pending in the
district court are of great public importance
or have
a great effect on the proper administration
of justice
throughout the state. The district court of appeal may
make such certification on its own motion or on suggestion
by a party.
(b) Commencement. The jurisdiction of the supreme
court is invoked on rendition of the certificate
by the district court of appeal.
(c) Suggestion. Any party may file with the district
court and serve on the parties a suggestion that the order
to be reviewed should be certified by the district
court to the supreme court. The suggestion
shall be
substantially in the form prescribed by this rule and
shall be filed within 10 days from the filing of the notice
of appeal.
(d) Response. Any party may file a response within
5 days of the service of the suggestion.
(e) Form. The suggestion shall be limited to 5 pages
and shall contain all of the following elements:
(1) A statement of why the appeal requires immediate
resolution by the supreme court.
(2) A statement of why the appeal
(A) is of great public importance, or
(B) will have a great effect on the proper administration
of justice throughout the state.
(3) A certificate signed by the attorney stating: I
express a belief, based on a reasoned and studied professional
judgment, that this appeal requires immediate
resolution by the supreme court and
(a) is of great public importance, or
(b) will have a great effect on the administration of justice throughout the state.
/s/
Attorney for .....(name of party).....
.....(address and phone number)...
Florida Bar No. ....................
(4) An appendix containing a conformed copy of
the order to be reviewed.
(f) Effect of Suggestion. The district court shall not
be required to rule on the suggestion and neither the filing
of a suggestion nor the rendition by the district court
of its certificate shall alter the applicable time limitations
or place of filing. If an order is rendered granting or denying
certification, no rehearing shall be permitted.
(g) Procedure When Supreme Court Accepts
Jurisdiction.
The jurisdiction of the supreme court attaches
on rendition of the order accepting jurisdiction.
If the supreme court accepts jurisdiction, it shall so
order and advise the parties, the clerk of the district
court, and the clerk of the lower tribunal.
The clerk of
the district court shall transfer the record in the case
to the supreme court within 10 days thereafter.
The
time limitations of the applicable
jurisdictional
rule
will continue in effect, except that all papers formerly
required to be filed in the district court shall be filed in
the supreme court.
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