Rule 9.160 Discretionary Proceedings to Review Decisions of County Courts
Rule Text
(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 a final order certified by the county court to involve a question that may have statewide application, and that is of great public importance or will affect the uniform administration of justice, must be taken to the district court of appeal. Jurisdiction of the district court of appeal under this rule must be invoked by filing a notice and the order containing certification with the clerk of the lower tribunal. The time for filing the appeal will be the same as if the appeal were being taken to the circuit court.
(c) Notice. The notice must be in substantially the form prescribed by rule 9.900(a), except that such notice should refer to the fact of certification. A conformed copy of the order or orders designated in the notice of appeal must be attached to the notice together with any order entered on a timely motion postponing rendition of the order or orders appealed. The notice must be accompanied by any required filing fee except as provided in rule 9.430 for proceedings by indigents.
(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 must include:
(1) findings of fact and conclusions of law; and
(2) a concise statement of the issue or issues that may have statewide application, and that are of great public importance or will affect the uniform administration of justice.
(e) Discretion.
(1) Any party may suggest that an order be certified as involving a question that may have statewide application, and that is of great public importance or will affect the uniform administration of justice. However, the decision to certify will be within the absolute discretion of the county court and may be made by the county court on its own motion.
(2) The district court of appeal, in its absolute discretion, will by order accept or reject jurisdiction. Until the entry of such order, temporary jurisdiction will 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 of appeal declines to accept the appeal, it must transfer the case together with the filing fee to the circuit court that has appellate jurisdiction.
(g) Record. The record must be prepared and transmitted in accord with rule 9.110(e).
(h) Briefs. The form of the briefs and the briefing schedule will be in accord with rules 9.110(f), 9.210, and 9.220.
(i) Cross-Appeal. Cross-appeals will 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 will be governed by the rules that would be applicable if the appeal had been taken to circuit court.