RULE 9.020.   DEFINITIONS

The following terms have the meanings shown as used in these rules:

(a)    Administrative Action. Administrative action shall include:

(1)    final agency action as defined in the Administrative Procedure Act, chapter 120, Florida Statutes;

(2)    nonfinal action by an agency or administrative law judge reviewable under the Administrative Procedure Act;

(3)    quasi-judicial decisions by any administrative body, agency, board, or commission not subject to the Administrative Procedure Act; and

(4)    administrative action for which judicial review is provided by general law.

(b)    Clerk. The person or official specifically designated as such for the court or lower tribunal; if no person or official has been specifically so designated, the official or agent who most closely resembles a clerk in the functions performed.

(c)    Court. The supreme court; the district courts of appeal; and the circuit courts in the exercise of the jurisdiction described by rule 9.030(c), including the chief justice of the supreme court and the chief judge of a district court of appeal in the exercise of constitutional, administrative, or supervisory powers on behalf of such courts.

(d)    Family Law Matter. A matter governed by the Florida Family Law Rules of Procedure.

(e)    Lower Tribunal. The court, agency, officer, board, commission, judge of compensation claims, or body whose order is to be reviewed.

(f)     Order. A decision, order, judgment, decree, or rule of a lower tribunal, excluding minutes and minute book entries.

(g)    Parties.

(1)    Appellant. A party who seeks to invoke the appeal jurisdiction of a court.

(2)    Appellee. Every party in the proceeding in the lower tribunal other than an appellant.

(3)    Petitioner. A party who seeks an order under rule 9.100 or rule 9.120.

(4)    Respondent. Every other party in a proceeding brought by a petitioner.

(h)    Rendition of an Order. An order is rendered when a signed, written order is filed with the clerk of the lower tribunal.

(1)    Motions Tolling Rendition. The following motions, if authorized and timely filed, toll rendition unless another applicable rule of procedure specifically provides to the contrary:

(A)    motion for new trial, remittitur, or additur;

(B)    motion for rehearing;

(C)    motion for certification;

(D)    motion to alter or amend;

(E)    motion for judgment in accordance with prior motion for directed verdict;

(F)    motion for arrest of judgment;

(G)    motion to challenge the verdict;

(H)    motion to correct a sentence or order of probation pursuant to Florida Rule of Criminal Procedure 3.800(b)(1);

(I)     motion to withdraw a plea after sentencing pursuant to Florida Rule of Criminal Procedure 3.170(l);

(J)    to correct a disposition or commitment order pursuant to Florida Rule of Juvenile Procedure 8.135(b);

(K)    to claim ineffective assistance of counsel following an order terminating parental rights pursuant to Florida Rule of Juvenile Procedure 8.530(f); or

(L)    motion to vacate an order based upon the recommendations of a hearing officer in accordance with Florida Family Law Rule of Procedure 12.491.

(2)    Effect of Motions Tolling Rendition. If any timely and authorized motion listed in subdivision (h)(1) of this rule has been filed in the lower tribunal directed to a final order, the following apply:

(A)    the final order shall not be deemed rendered as to any existing party until all of the motions are either withdrawn by written notice filed in the lower tribunal or resolved by the rendition of an order disposing of the last of such motions;

(B)    if an order granting a new trial is rendered, tolling concludes, notwithstanding that other such motions may remain pending at the time; or

(C)    if a notice of appeal is filed before the rendition of an order disposing of all such motions, the appeal shall be held in abeyance until the motions are either withdrawn or resolved by the rendition of an order disposing of the last such motion.

(i)     Rendition of an Appellate Order. If any timely and authorized motion under rules 9.330 or 9.331 is filed, the order shall not be deemed rendered as to any party until all of the motions are either withdrawn or resolved by the rendition of an order.

(j)     Conformed Copy. A true and accurate copy.

(k)    Signed. A signed document is one containing a signature as provided by Florida Rule of General Practice and Judicial Administration 2.515(c).

(l)     E-filing System Docket. The docket where attorneys and those parties who are registered users of the court’s electronic filing (e-filing) system can view the electronic documents filed in their case(s).


Last Modified on Rules.Legal: