A Practical Guide to the Amendments to the Florida Appellate Rules of Procedure.

• Author: Jones, Kimberly M.

As we continue to navigate the uncharted waters prompted by the coronavirus pandemic, it is clear that the December 2020 amendments to Florida's Rules of Appellate Procedure are here to stay as we continue to work remotely and attend virtual hearings. While there were many changes to Florida's appellate rules, this article addresses some of the most notable amendments, and what specifically these changes mean for appellate practitioners. Think of it as a cheat sheet for your next appeal.

For starters, the appellate rules underwent changes that introduced new technical requirements for appellate drafting and filing. These changes are a direct result of the Florida Supreme Court's efforts to resolve issues stemming from procedural rules lagging behind technological advancement, as lawyers move further away from handwritten and typewritten work product to computer-generated appellate briefs. This article discusses how changes to the font styles of filings, and the transition from page limits to word limits, should improve the readability and accessibility of electronically generated appellate documents.

This article also delves into appellate rule changes and legislative amendments that have resulted in the transfer of appellate jurisdiction from the circuit courts to the district courts of appeal, and the corresponding implications to appellate practice. Finally, this article discusses the notable changes to filing deadlines, along with specific rule additions by the Florida Supreme Court that broaden the scope of appealable matters by right from nonfinal orders.

Considerations for Drafting Appellate Petitions, Briefs, and Responses

The most notable change to the technical requirements for drafting and filing appellate documents was the Florida Supreme Court's addition of Rule 9.045. The Supreme Court moved the technical requirements previously enumerated under Rules 9.100, 9.120, and 9.210 to the newly created Rule 9.045. (1) Among other things, Rule 9.045 sets forth new requirements for drafting electronic appellate documents that include acceptable font types, word limits for certain appellate documents, and a certificate of compliance that specifies the newly required font type and word count for appellate documents. (2) Rules 9.100 (l) and 9.210 (a)(1)-(3) were deleted by the Supreme Court as being duplicative of the newly added Rule 9.045. (3) In light of these changes, here are some general guidelines to follow along with some background of the applicable rule changes for context.

* When Drafting Appellate Petitions, Briefs, and Responses, Use Either 14-point Bookman Old Style or 14-point Arial Font--Say goodbye to Times New Roman and welcome to your new friends, Bookman Old Style and Arial. This is a shift for appellate practitioners as Rule 9.045 requires that electronic appellate court filings conform with the new font types of either 14-point-size Bookman Old Style or Arial. (4)

This shift toward a different font type for filing electronic appellate documents will hopefully resolve the enduring "battle of the fonts" that began when the legal profession transitioned from handwritten and typewritten briefs to computer-generated documents. (5) Since the Supreme Court began mandating e-filing of documents, electronically generated documents have become the norm, but this has compounded appellate drafting and filing problems. (6) The battle of the fonts can be characterized as the Supreme Court's ongoing challenge to keep the appellate rules on pace with typography advancements that have ushered in a rapid proliferation of different fonts. (7) The emergence of so many different font types allowed some filers to cram a large number of words into their appellate briefs by relying on different font types and smaller font sizes. (8) While this strategy allowed some to circumvent the page-limit requirement under the appellate rules, it also created significant issues with readability.

After surveying judges, lawyers, and other members of the legal profession, The Florida Bar Rules Committee found that many complained of the lack of "white space" in appellate briefs. (9) While one can debate the aesthetics, the committee ultimately determined that Bookman Old Style and Arial were the preferred fonts for readability instead of the previously allowed font types of 14-point Times New Roman and 12-point Courier under Rule 9.100 (l). (10)

From the standpoint of advancing public policy considerations...