RULE 9.125. REVIEW OF TRIAL COURT ORDERS AND JUDGMENTS CERTIFIED BY THE DISTRICT COURTS OF APPEAL AS REQUIRING IMMEDIATE RESOLUTION BY THE SUPREME COURT OF
FLORIDA
(a)
Applicability. This rule applies to any order or judgment
of a trial court that has been certified by the district court of appeal
to require immediate resolution by the supreme court because the
issues pending in the district court of appeal are of great public
importance or have a great effect on the proper administration of
justice throughout the state. The district court of appeal may make
such certification on its own motion or on suggestion by a party.
(b)
Commencement. The jurisdiction of the supreme court
is invoked on rendition of the certificate by the district court of
appeal.
(c)
Suggestion. Any party may file with the district court of
appeal and serve on the parties a suggestion that the order to be
reviewed should be certified by the district court of appeal to the
supreme court. The suggestion shall be substantially in the form
prescribed by this rule and shall be filed within 10 days from the
filing of the notice of appeal.
(d)
Response. Any party may file a response within 10 days
of the service of the suggestion.
(e)
Form. The suggestion shall not exceed 1,300 words if
computer-generated or 5 pages if handwritten or typewritten and
shall contain all of the following elements:
(1)
a statement of why the appeal requires immediate
resolution by the supreme court;
(2)
a statement of why the appeal:
(A)
is of great public importance; or
(B)
will have a great effect on the proper
administration of justice throughout the state.
(3)
a certificate signed by the attorney stating:
I express a belief, based on a reasoned and studied
professional judgment, that this appeal requires immediate
resolution by the supreme court and (a) is of great public
importance, or (b) will have a great effect on the administration
of justice throughout the state; and
(4)
an appendix containing a conformed copy of the
order to be reviewed.
(f)
Effect of Suggestion. The district court of appeal shall
not be required to rule on the suggestion and neither the filing of a
suggestion nor the rendition by the district court of appeal of its
certificate shall alter the applicable time limitations or place of
filing. If an order is rendered granting or denying certification, no
rehearing shall be permitted.
(g)
Procedure When the Supreme Court of Florida
Accepts Jurisdiction. The jurisdiction of the supreme court
attaches on rendition of the order accepting jurisdiction. If the
supreme court accepts jurisdiction, it shall so order and advise the
parties, the clerk of the district court of appeal, and the clerk of the
lower tribunal. The clerk of the court in possession of the record
shall electronically transmit the record in the case to the supreme
court within 10 days thereafter. The supreme court shall issue a
briefing schedule and all documents formerly required to be filed in
the district court shall be filed in the supreme court. If the supreme
court denies jurisdiction, it shall so order and advise the parties
and the clerk of the district court of appeal.
Committee Notes
1980 Amendment. This rule is entirely new and governs all
discretionary proceedings to review trial court orders or judgments
that have been certified by the district court under rule
9.030(a)(2)(B) to require immediate resolution by the supreme court
and to be of great public importance or to have a great effect on the
proper administration of justice throughout the state. Final and
non-final orders are covered by this rule. Discretionary review of
other district court decisions if supreme court jurisdiction exists
under rule 9.030(a)(2)(A) is governed by rule 9.120.
Subdivision (b) makes clear that certification by the district
court is self-executing.
Subdivision (c) sets forth the manner in which a party may file
a suggestion that the order to be reviewed should be certified by the
district court to the supreme court and requires the suggestion be
filed within 10 days from the filing of the notice of appeal. It is
contemplated that suggestions under this rule will be rare. A
suggestion should be filed only if, under the peculiar circumstances
of a case, all the elements contained in subdivision (e) of the rule
are present.
Subdivision (d) provides that any other party may file a
response to a suggestion within 5 days of the service of the
suggestion.
Subdivision (e) provides for the form of the suggestion. All
suggestions must be substantially in this form. The suggestion is
limited to 5 pages and must contain (1) a statement of why the
appeal requires immediate resolution by the supreme court, and (2)
a statement of why the appeal either is of great public importance
or will have a great effect on the proper administration of justice
throughout the state. The suggestion must be accompanied by an
appendix containing a copy of the order to be reviewed. The
suggestion also must include a certificate signed by the attorney in
the form appearing in the rule.
To ensure that no proceeding is delayed because of this rule,
subdivisions (f) and (g) provide that the filing of a suggestion will not
alter the applicable time limitations or the place of filing. The
district court shall not be required to rule on a suggestion. The
parties should follow the time limitations contained in the rule
through which jurisdiction of the district court was invoked. See
rules 9.100, 9.110, 9.130, and 9.140.
2020 Amendments. The page limit for a computer-generated
suggestion was converted to a word count.
Source: Florida Rules of Appellate Procedure, effective September 4, 2025.
View the official rules: Florida Rules of Appellate Procedure — The Florida Bar (PDF)