Rule 9.120 — Discretionary Proceedings to Review Decisions of District Courts of Appeal

Original Text Simplified Text

(a) Applicability. This rule applies to those proceedings that invoke the discretionary jurisdiction of the supreme court described in rule 9.030(a)(2)(A).

(b) Commencement. The jurisdiction of the supreme court described in rule 9.030(a)(2)(A) shall be invoked by filing a notice, accompanied by any filing fees prescribed by law, with the clerk of the district court of appeal within 30 days of rendition of the order to be reviewed.

(c) Notice. The notice shall be substantially in the form prescribed by rule 9.900. The caption shall contain the name of the lower tribunal, the name and designation of at least 1 party on each side, and the case number in the lower tribunal. The notice shall contain the date of rendition of the order to be reviewed and the basis for invoking the jurisdiction of the court.

(d) Briefs on Jurisdiction. Petitioner’s brief, limited solely to the issue of the supreme court’s jurisdiction and accompanied by an appendix containing only a conformed copy of the decision of the district court of appeal, shall be served within 10 days of filing the notice. Respondent’s brief on jurisdiction shall be served within 20 days after service of petitioner’s brief. Formal requirements for both briefs are specified in rule 9.210. No reply brief shall be permitted. If jurisdiction is invoked under rule 9.030(a)(2)(A)(v) (certifications of questions of great public importance by the district courts to the supreme court), no briefs on jurisdiction shall be filed.

(e) Accepting or Postponing Decision on Jurisdiction; Record. If the supreme court accepts or postpones decision on jurisdiction, the court shall so order and advise the parties and the clerk of the district court of appeal. Within 60 days thereafter or such other time set by the court, the clerk shall electronically transmit the record.

(f) Briefs on Merits. Within 20 days of rendition of the order accepting or postponing decision on jurisdiction, the petitioner shall serve the initial brief on the merits, accompanied by an appendix that must include a conformed copy of the decision of the district court of appeal. Additional briefs shall be served as prescribed by rule 9.210.

Asking the Florida Supreme Court to Hear Your Case: This rule outlines the specific, multi-step process for asking the Florida Supreme Court to use its "discretionary jurisdiction" to review a decision from a District Court of Appeal.

(b) Commencement: The process begins by filing a "Notice to Invoke Discretionary Jurisdiction" with the clerk of the District Court of Appeal (the court that made the decision you want reviewed). The deadline is strict: **30 days** from the rendition of the order.

(d) Jurisdictional Briefing (The First Hurdle): This is the most critical part of the process. Unlike a standard appeal, you must first convince the Supreme Court that it *has the authority* to hear your case. To do this:

  • The petitioner (the party seeking review) must file a brief **within 10 days** of the notice. This brief can *only* argue why the case fits one of the specific categories for Supreme Court review (e.g., conflicts with another case, declares a statute valid, etc.).
  • The respondent then has **20 days** to file a brief arguing why the Supreme Court does *not* have jurisdiction.

The Supreme Court will review only these briefs to decide whether to accept the case.

(e) & (f) If the Court Accepts Jurisdiction: If the Supreme Court agrees to hear the case, it will issue an order. Only then will the full record be sent up from the lower court, and the parties will begin a new round of briefing on the actual "merits" (the legal substance) of the case.

Rule 9.110 Rule 9.125
Back to Table of Contents
Cite as Fla. R. App. P. 9.120 Copy icon
Copied!