Legal Opinion · Concurring in part, dissenting in part

In Re Amendments to the Florida Rules of Appellate Procedure

Supreme Court of Florida

Decided November 13, 2008No. SC08-147Published

1Concurring in part, dissenting in partQuince, C.J.

I agree with the majority’s adoption of changes to all of the rules discussed with the exception of the changes to rule 9.310(b)(2) and rule 9.190(e)(1),3 Florida Rules of Appellate Procedure. Rule 9.310(b)(2) presently provides for an automatic stay when the state, any public officer, board, commission, or other public body timely seeks appellate review.4 The change espoused by the majority will eliminate the automatic stay in eases involving the Administrative Procedure Act. I do not believe that the committee has advanced a good reason for treating public entities involved in…

2Cases cited4 opinions

  1. Jackson v. StateSupreme Court of Florida · 2006
  2. In Re Approval of Indigent Status FormsSupreme Court of Florida · 2005
  3. Ramseyer v. WilliamsonDistrict Court of Appeal of Florida · 1994
  4. 5361 N. Dixie Highway, Inc. v. Capital BankDistrict Court of Appeal of Florida · 1995

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