9.130

(a) Applicability.

 * (1) This rule applies to appeals to the district courts of appeal of the non-final orders authorized herein and to appeals to the circuit court of non-final orders when provided by general law. Review of other non-final orders in such courts and non-final administrative action shall be by the method prescribed by rule 9.100.


 * (2) Appeals of non-final orders in criminal cases shall be as prescribed by rule 9.140.


 * (3) Appeals to the district courts of appeal of nonfinal orders are limited to those that


 * (A) concern venue;
 * (B) grant, continue, modify, deny, or dissolve injunctions, or refuse to modify or dissolve injunctions;
 * (C) determine
 * (i) the jurisdiction of the person;
 * (ii) the right to immediate possession of property, including but not limited to orders that grant, modify, dissolve or refuse to grant, modify, or dissolve writs of replevin, garnishment, or attachment;
 * (iii) the right to immediate monetary relief or child custody in family law matters;
 * (iv) the entitlement of a party to arbitration, or to an appraisal under an insurance policy;
 * (v) that, as a matter of law, a party is not entitled to workers' compensation immunity;
 * (vi) that a class should be certified;
 * (vii) that, as a matter of law, a party is not entitled to absolute or qualified immunity in a civil rights claim arising under federal law;
 * (viii) that a governmental entity has taken action that has inordinately burdened real property within the meaning of section 70.001(6)(a), Florida Statutes; or
 * (ix) the issue of forum non conveniens.


 * (D) grant or deny the appointment of a receiver, and terminate or refuse to terminate a receivership.


 * (4) Non-final orders entered after final order on motions that suspend rendition are not reviewable; provided that orders granting motions for new trial in jury and non-jury cases are reviewable by the method prescribed in rule 9.110. Other non-final orders entered after final order on authorized motions are reviewable by the method prescribed by this rule.


 * (5) Orders entered on an authorized and timely motion for relief from judgment are reviewable by the method prescribed by this rule. Motions for rehearing directed to these orders will not toll the time for filing a notice of appeal.


 * (6) Orders that deny motions to certify a class may be reviewed by the method prescribed by this rule.

(b) Commencement.
The jurisdiction to seek review of orders described in subdivisions (a)(3)–(a)(6) shall be invoked by filing 2 copies of a notice, accompanied by any filing fees prescribed by law, with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed.

(c) Notice.
The notice, designated as a notice of appeal of non-final order, shall be substantially in the form prescribed by rule 9.900(c). Except in criminal cases, a conformed copy of the order or orders designated in the notice of appeal shall be attached to the notice.

(d) Record.
A record shall not be transmitted to the court unless ordered.

(e) Briefs.
Appellant's initial brief, accompanied by an appendix as prescribed by rule 9.220, shall be served within 15 days of filing the notice. Additional briefs shall be served as prescribed by rule 9.210.

(f) Stay of Proceedings.
In the absence of a stay, during the pendency of a review of a non-final order, the lower tribunal may proceed with all matters, including trial or final hearing; provided that the lower tribunal may not render a final order disposing of the cause pending such review.

(g) Review on Full Appeal.
This rule shall not preclude initial review of a non-final order on appeal from the final order in the cause.

(h) Scope of Review.
Multiple non-final orders that are listed in rule 9.130(a)(3) may be reviewed by a single notice if the notice is timely filed as to each such order.

Florida Rules of Appellate Procedure Index