Rule 9.600 — Jurisdiction of Lower Tribunal Pending Review

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(a) Concurrent Jurisdiction. Only the court may grant an extension of time for any act required by these rules. Before the record is docketed, the lower tribunal shall have concurrent jurisdiction with the court to render orders on any other procedural matter relating to the cause, subject to the control of the court, provided that clerical mistakes in judgments, decrees, or other parts of the record arising from oversight or omission may be corrected by the lower tribunal on its own initiative after notice or on motion of any party before the record is docketed in the court, and, thereafter with leave of the court.

(b) Further Proceedings. If the jurisdiction of the lower tribunal has been divested by an appeal from a final order, the court by order may permit the lower tribunal to proceed with specifically stated matters during the pendency of the appeal.

(c) Family Law Matters. In family law matters:

(1) The lower tribunal shall retain jurisdiction to enter and enforce orders awarding separate maintenance, child support, alimony, attorneys’ fees and costs for services rendered in the lower tribunal, temporary attorneys’ fees and costs reasonably necessary to prosecute or defend an appeal, or other awards necessary to protect the welfare and rights of any party pending appeal.
(2) The receipt, payment, or transfer of funds or property under an order in a family law matter shall not prejudice the rights of appeal of any party. The lower tribunal shall have the jurisdiction to impose, modify, or dissolve conditions upon the receipt or payment of such awards in order to protect the interests of the parties during the appeal.
(3) Review of orders entered pursuant to this subdivision shall be by motion filed in the court within 30 days of rendition.

(d) Criminal Cases. The lower tribunal shall retain jurisdiction to consider motions pursuant to Florida Rules of Criminal Procedure 3.800(b)(2) and in conjunction with post-trial release pursuant to rule 9.140(h).

What the Trial Court Can Do During an Appeal: Generally, once an appeal is filed from a final order, the trial court loses its power (jurisdiction) over the case. This rule explains the important exceptions, outlining what the trial court can still do while the appeal is pending.

(a) Concurrent Jurisdiction (Before Record is Sent): Before the official record is sent to the appellate court, the trial court shares jurisdiction and can still rule on procedural matters, like fixing clerical errors in the judgment. However, it cannot grant extensions of time for appellate deadlines; only the appellate court can do that.
(b) Permission from the Appellate Court: After the trial court has lost jurisdiction, the appellate court can give it special permission to handle specific issues. This is called "relinquishing jurisdiction."
(c) Family Law Exception: Trial courts automatically keep broad powers in family law cases during an appeal. They can enter and enforce orders for things like child support, alimony, and attorney's fees to protect the parties' welfare while the appeal is ongoing.
(d) Criminal Case Exception: In criminal cases, the trial court keeps jurisdiction to hear motions to correct sentencing errors and to decide on post-trial release (bond) for the defendant.

Rule 9.600 — Jurisdiction of Lower Tribunal Pending Review

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