Opinion
Nos. 71,643, 72,262.
December 30, 1988.
Two Original Proceedings — Florida Rules of Appellate Procedure.
Rutledge R. Liles, President, The Florida Bar, Jacksonville, Stephen N. Zack, President-elect, Joseph Nesbitt, President, Florida Conference of Dist. Court of Appeal Judges, Miami, George W. Hersey, President-elect, Florida Conference of Dist. Court of Appeal Judges, Larry Klein, Chairman, The Florida Bar Appellate Rules Committee, West Palm Beach, and John F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee, for petitioners.
By letter to this Court dated December 13, 1988, the Appellate Rules Committee of the Florida Bar requests an addition to our opinion, In re The Florida Bar Rules of Appellate Procedure, 529 So.2d 687 (Fla. 1988). We treat the letter as a petition for clarification and exercise jurisdiction pursuant to article V, section 2(a), Florida Constitution.
The clarification consists of the addition of one page of material mistakenly omitted from the petition originally filed with this Court by the Appellate Rules Committee. We grant the petition, withdraw the appendix to our previous opinion and adopt the attached appendix as amendments to the Florida Rules of Appellate Procedure.
The only changes between the attached appendix and the one adopted by our prior opinion are in the addition of Rules 9.900(g)(6) and (7), the deletion of the committee note accompanying Rule 9.900(g) and the substitution of a new committee note in its place. Deletions are indicated by the use of struck-through type. New language is indicated by underscoring. All rules and statutes in conflict with the following rules are hereby superseded as of the effective date of these rules. These amendments shall become effective January 1, 1989, at 12:01 a.m.
It is so ordered.
EHRLICH, C.J., and McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
certification, (a)(3) s Petitions for and Review of Non-final Administrative Action. or for review of non-final administrative action If a designating party directs the court reporter to furnish the transcript to fewer than all parties, that designating party shall serve a copy of the designated portion of the transcript on the parties within 5 days of receipt from the court reporter. and approved by the clerk or judge of the lower tribunal. Certification , or for certification, A The for rehearing or clarification such for rehearing or for clarification of decision and one motion for certification or for certification, , on its own motion, from may impose sanctions for any violation of these rules, or for the filing of any proceeding, motion, brief or other paper which is frivolous or in bad faith. Such sanctions may include the following may be imposed for violation of these rules: OF THE ____ DISTRICT , ____ DISTRICT 5. Transcript will be completed on ____ or an extension of time is needed until ____. DATE: Official Court Reporter 5a. The transcript will be available within thirty (30) days of service of the foregoing designation and will be filed on or before the ____ day of ____ 19__. OR 5b. For the following reason(s) the court reporter requests an extension of time of ____ days for preparation of the transcript which will be filed on 6. Completion and filing of this acknowledgment by the court reporter constitutes submission to the jurisdiction of the Court for all purposes in connection with these appellate proceedings. 7. The undersigned court reporter certifies that the foregoing is true and correct and that a copy has been furnished by mail (____) hand delivery (_____) this ____ day of ____, 19__, to each of the parties or their counsel. Court Reporter ADDRESS: _____________________________ NOTE: This portion must be transmitted by court reporter to the appellate court within 5 days of service. If the estimated completion date is more than 30 days from service of this form, the reporter must make a separate written request to the appellate court for an extension of time to file this transcript. Copies of this acknowledgment shall be furnished to counsel for all parties. NOTE: The foregoing court reporter's acknowledgment to be placed "at the foot of" or attached to a copy of the designation, shall be properly completed, signed by the court reporter and filed with the clerk of the appellate court within five (5) days of service of the designation upon the court reporter. A copy shall be served on all parties or their counsel, who shall have five (5) days to object to any requested extension of time. See Fla.R.App.P. 9.200(b)(1), (2) (3).