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In re AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.130.

PER CURIAM.


Original Proceedings—Florida Rules of Appellate Procedure.
Wendy S. Loquasto, Chair, Appellate Court Rules Committee, Fox & Loquasto P.A., Tallahassee, FL, Eduardo I. Sanchez, Past Chair, Appellate Court Rules Committee, Miami, FL, John F. Harkness, Jr., Executive Director, and Heather Savage Telfer, Bar Staff Liaison, The Florida Bar, Tallahassee, FL, for Petitioner. PER CURIAM.

We have for consideration the out-of-cycle report of proposed amendments to Florida Rule of Appellate Procedure 9.130 (Proceedings to Review Non–Final Orders and Specified Final Orders), filed by The Florida Bar's Appellate Court Rules Committee (Committee). See Fla. R. Jud. Admin. 2.140(f). We have jurisdiction. See art. V, § 2(a), Fla. Const. As discussed below, we adopt the amendment to rule 9.130(a)(3)(C)(x) as proposed by the Committee; but we modify the proposed amendment to rule 9.130(a)(3)(C)(xi) to authorize appeals of nonfinal orders that determine, as a matter of law, that a party is not entitled to sovereign immunity.

1977–2008 Amendments. [No Change]APPENDIX RULE 9.130. PROCEEDINGS TO REVIEW NON–FINAL ORDERS AND SPECIFIED FINAL ORDERS

(a) Applicability.

(1)–(2) [No Change]

(3) Appeals to the district courts of appeal of non-final orders are limited to those that

(A)–(B) [No Change]

(C) determine

(i)–(vii) [No Change]

(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 .

(x) that, as a matter of law, a party is not entitled to immunity under section 768.28(9), Florida Statutes; or

(xi) that, as a matter of law, a party is not entitled to sovereign immunity.

(D) [No Change]

(4)–(6) [No Change]

(b)–(h) [No Change]

Committee Notes 1977–2008 Amendments. [No Change]
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Comments

In re Amendments to Fla. Rule of Appellate Procedure 9.130
(Nov 13, 2014)