On Jan. 6, 2022, the Florida Supreme Court approved a change to the Florida Rules of Appellate Procedure proposed by The Florida Bar’s Appellate Rules Committee. See In re Amendment to Florida Rules of Appellate Procedure 9.130, Case No. SC21-129 (Fla. Jan. 6, 2022).
The proposed change in question amended rule 9.130, which governs “Proceedings to Review Nonfinal and Specified Final Orders.” The amendment allows a party to seek interlocutory review of a trial court ruling on whether a party may amend its complaint to assert a claim for punitive damages. The Florida Supreme Court stated: “Specifically, new subdivision (a)(3)(G) is added to authorize appeals of nonfinal orders that grant or deny a motion for leave to amend to assert a claim for punitive damages.” The court had previously made a referral to the rules committee for such an amendment and the committee filed a report proposing the amendment. The amendment was approved by the Appellate Rules Committee and The Florida Bar Board of Governors and was published for comment.
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