Rule 9.360 — Parties

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(a) Joinder. A party to the cause in the lower tribunal who desires to join in a proceeding as a petitioner or appellant shall serve a notice to that effect no later than the latest of the following: (i) within 10 days of service of a timely filed petition or notice of appeal; (ii) within the time prescribed for filing a notice of appeal; or (iii) within the time prescribed in rule 9.100(c). The notice of joinder, accompanied by any filing fees prescribed by law, shall be filed either before service or immediately thereafter in the same manner as the petition or notice of appeal.

(b) Attorneys, Representatives, and Guardians Ad Litem. Attorneys, representatives, and guardians ad litem in the lower tribunal shall retain their status in the court unless others are duly appointed or substituted; however, for limited representation proceedings under Florida Family Law Rule of Procedure 12.040, representation terminates upon the filing of a notice of completion titled “Termination of Limited Appearance” pursuant to rule 12.040(c).

(c) Substitution of Parties.

(1) If substitution of a party is necessary for any reason, the court may so order on its own motion or that of a party.
(2) Public officers as parties in their official capacities may be described by their official titles rather than by name. Their successors in office shall be automatically substituted as parties.
(3) If a party dies while a proceeding is pending and that party’s rights survive, the court may order the substitution of the proper party on its own motion or that of any interested person.
(4) If a person entitled to file a notice dies before filing and that person’s rights survive, the notice may be filed by the personal representative, attorney of record, or, if none, by any interested person. Following filing, the proper party shall be substituted.

Who's Who in an Appeal: This rule explains how parties are identified and managed during an appeal, covering situations like joining an appeal, substituting parties, and the role of attorneys.

(a) Joinder: If multiple parties were on the same side in the trial court, and one of them files an appeal, the others can "join" the appeal to also become appellants. This allows them to participate fully in challenging the lower court's decision.

(b) Continuity of Representation: A party's lawyer from the trial court automatically continues to represent them on appeal unless a new lawyer is formally substituted.

(c) Substitution of Parties: This section covers what happens when a party needs to be replaced during the appeal:

Public Officers: If a public official (like a sheriff or mayor) who was sued in their official capacity leaves office, their successor is automatically substituted as the party in the appeal.
Death of a Party: If a party dies during the appeal, the court can substitute their personal representative (the executor of their estate) so the case can continue. If someone dies *before* they can file their appeal, their personal representative can file the notice of appeal on their behalf.

Rule 9.360 — Parties

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