IN RE FLORIDA APPELLATE RULES
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The Florida Supreme Court clarified and amended two appellate rules to provide more precise definitions and requirements. The amendments to Rule 1.3 redefined 'rendition' of judgments to account for post-trial motions, and Rule 3.7j made appendix requirements permissive rather than mandatory.
Rule 1.3 was amended to define 'rendition' as the reduction of a judgment to writing, signing, and filing, with the additional clarification that rendition is not deemed complete when timely post-trial motions are pending. Rule 3.7j was amended to make appendix requirements permissive rather than mandatory, except as specifically required by Rule 4.2.
“'Rendition' of a judgment, decision, order or decree means that it has been reduced to writing, signed and made a matter of record, or if recording is not required then filed.”
Establishes the basic definition of when a judgment is considered rendered for appellate purposes
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Join FLexlaw to unlock all legal intelligenceThe Court had previously entered amendments to Florida's appellate rules on October 29, 1965. The Court found it necessary to clarify certain aspects …
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The Court finds it to he advisable to clarify the amendments to certain appellate rules which were amended by order entered October 29, 1965. See In re Florida Appellate Rules, Fla., 179 So.2d 341. It is therefore ordered:
Rule 1.3 be and the same is hereby amended by striking all of said paragraph entitled “RENDITION” and inserting in lieu thereof a new paragraph to read as fol- . lows, to-wit:.
. “ ‘Rendition’ of a judgment, decision, order or decree means that it has been reduced to writing, signed and made a matter o'f record, or if recording is not required then filed. A paper is deemed to be recorded when filed with the clerk and assigned a book and page number. Where there has been filed in the lower court a timely and proper motion or petition for a new trial, for a rehearing, or other timely post-trial motion or petition permitted by the Rules, the decision, judgment, order or decree ■ shall not be deemed rendered until such motion or petition is disposed of.”
Rule 3.7j be and the same is hereby amended by striking all of said paragraph and inserting in lieu thereof a new paragraph to be designated 3.7j, to read as follows, to-wit:
“j. Appendix Requirement Permissive. Except as required in Rule 4.2, whenever an appendix to briefs is required by any provision of these rules, such requirement shall be construed as permissive only despite the mandatory language of the rules in regard thereto.”
These amendments, revisions and additions shall govern all appellate proceedings in the Supreme Court, District Courts of Appeal and Circuit Courts after midnight, March 31, 1966.
It is so ordered.
TPIORNAL, C. J., and THOMAS, ROBERTS, O’CONNELL, CALDWELL and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Florida Appellate Rules, 179 So. 2d 341 (Fla. 1965)
Authorities Cited
- Adrien T. Johnson v. Cope Constr. Co., 179 So. 2d 341 (Fla. 1965)
- In re Florida Appellate Rules, 179 So. 2d 341 (Fla. 1965)