Rule 9.040 — General Provisions

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(a) Complete Determination. In all proceedings a court shall have such jurisdiction as may be necessary for a complete determination of the cause.

(b) Forum.

  1. (1) If a proceeding is commenced in an inappropriate court, that court shall transfer the cause to an appropriate court.
  2. (2) After a lower tribunal renders an order transferring venue, the appropriate court to review otherwise reviewable non-final orders is as follows:
    1. (A) After rendition of an order transferring venue, the appropriate court to review the non-final venue order, all other reviewable non-final orders rendered prior to or simultaneously with the venue order, any order staying, vacating, or modifying the transfer of venue order, or an order dismissing a cause for failure to pay venue transfer fees, is the court that would review non-final orders in the cause, had venue not been transferred.
    2. (B) After rendition of an order transferring venue, the appropriate court to review any subsequently rendered reviewable non-final order, except for those orders listed in subdivision (b)(2)(A), is the court which would review the order, if the cause had been filed in the lower tribunal to which venue was transferred.
    3. (C) The clerk of the lower tribunal whose order is being reviewed shall perform the procedures required by these provisions regarding transfer of venue, including accepting and filing a notice of appeal. If necessary to facilitate non-final review, after an order transferring venue has been rendered, the clerk of the lower tribunal shall copy and retain such portions of the record as are necessary for review of the non-final order. If the file of the cause has been transferred to the transferee tribunal before the notice of appeal is filed in the transferring tribunal, the clerk of the transferee tribunal shall copy and transmit to the transferring tribunal such portions of the record as are necessary for review of the non-final order.

(c) Remedy. If a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought; provided that it shall not be the responsibility of the court to seek the proper remedy.

(d) Amendment. At any time in the interest of justice, the court may permit any part of the proceeding to be amended so that it may be disposed of on the merits. In the absence of amendment, the court may disregard any procedural error or defect that does not adversely affect the substantial rights of the parties.

(e) Assignments of Error. Assignments of error are neither required nor permitted.

(f) Filing Fees. Filing fees may be paid by check or money order.

(g) Clerks’ Duties. On filing of a notice prescribed by these rules, the clerk shall forthwith transmit the fee and a certified copy of the notice, showing the date of filing, to the court. If jurisdiction has been invoked under rule 9.030(a)(2)(A)(v) or (a)(2)(A)(vi), or if a certificate has been issued by a district court under rule 9.030(a)(2)(B), the clerk of the district court of appeal shall transmit copies of the certificate and decision or order and any suggestion, replies, or appendices with the certified copy of the notice. Notices to review final orders of county and circuit courts in civil cases shall be recorded.

(h) Non-Jurisdictional Matters. Failure of a clerk or a party timely to file fees or additional copies of notices or petitions or the conformed copy of the order or orders designated in the notice of appeal shall not be jurisdictional; provided that such failure may be the subject of appropriate sanction.

(i) Request to Determine Confidentiality of Appellate Court Records. Requests to determine the confidentiality of appellate records are governed by Florida Rule of Judicial Administration 2.420.

General Housekeeping Rules for Appeals: This rule provides several important general principles that govern how appeals are handled.

  • (b) Wrong Court: If you file your appeal in the wrong court (e.g., the Supreme Court instead of the District Court of Appeal), the case will not be dismissed. Instead, the court will transfer it to the correct court.
  • (c) Wrong Remedy: If you file the wrong type of appeal (e.g., you file a "petition for certiorari" when you should have filed a "notice of appeal"), the court will treat it as if you had filed the correct document. However, it is the party's responsibility to figure out the proper remedy.
  • (d) Fixing Errors: The court's focus is on justice, not on minor technicalities. A court can allow parties to amend their documents or can simply disregard any minor procedural mistake that doesn't harm the other party's substantial rights.
  • (e) No "Assignments of Error": Under modern appellate practice, you are no longer required to file a separate document listing the specific errors made by the trial judge. You will instead raise these issues in your appellate brief.
  • (h) Late Fees are Not Fatal: Forgetting to pay a filing fee or file an extra copy of a document on time is not a "jurisdictional" defect, meaning it will not automatically get your appeal dismissed. However, the court can still issue sanctions for such failures.