Florida Rules of Appellate Procedure
RULE 9.160 DISCRETIONARY PROCEEDINGS TO REVIEW DECISIONS OF COUNTY COURTS
(a) Applicability. This rule applies to those proceedings
that invoke the discretionary jurisdiction
of
the district courts of appeal to review county court
orders described in rule 9.030(b)(4).
(b) Commencement. Any appeal of an order certified
by the county court to be of great public importance
must be taken to the district court of appeal. Jurisdiction
of the district court of appeal under this rule shall be
invoked by filing 2 copies of a notice and a copy of the
order containing certification,
accompanied by the filing
fees prescribed by law, with the clerk of the lower
tribunal. The time for filing the appeal shall be the same
as if the appeal were being taken to the circuit court.
(c) Notice. The notice shall be in substantially the
form prescribed by rule 9.900(a) or rule 9.900(c), depending
on whether the order sought to be appealed is a
final or a non-final order, except that such notice should
refer to the fact of certification.
Except in criminal cases,
a conformed copy of the order or orders designated in the
notice of appeal shall be attached to the notice together
with any order entered on a timely motion postponing
rendition of the order or orders appealed.
(d) Method of Certification. The certification may
be made in the order subject to appeal or in any order
disposing of a motion that has postponed rendition as
defined in rule 9.020(h). The certification
shall include
(1) findings of fact and conclusions
of law and (2) a
concise statement of the issue or issues of great public
importance.
(e) Discretion.
(1) Any party may suggest that an order be certified to be of great public importance. However, the decision to certify shall be within the absolute discretion of the county court and may be made by the court on its own motion.
(2) The district court of appeal, in its absolute discretion, shall by order accept or reject jurisdiction. Until the entry of such order, temporary jurisdiction shall be in the district court of appeal.
(f) Scope of Review.
(1) If the district court of appeal accepts the appeal, it will decide all issues that would have been subject to appeal if the appeal had been taken to the circuit court.
(2) If the district court declines to accept the appeal, it shall transfer the case together with the filing fee to the circuit court that has appellate jurisdiction.
(g) Record. The record shall be prepared and filed
in accord with rule 9.110(e) or 9.140(f), depending on
the nature of the appeal.
(h) Briefs. The form of the briefs and the briefing
schedule shall be in accord with rules 9.110(f), 9.140,
9.210, and 9.220, depending on the nature of the appeal.
(i) Cross-Appeal. Cross-appeals shall be permitted
according to the applicable rules only in those cases in
which a cross-appeal would have been authorized if the
appeal had been taken to circuit court.
(j) Applicability of Other Rules. All other matters
pertaining to the appeal shall be governed by the rules
that would be applicable if the appeal had been taken
to circuit court.
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