Florida Supreme Court Amends Rule of Appellate Procedure 9.710

Florida Supreme Court Opinions

Published July 1st, 2026

Detected March 28th, 2026

Summary

The Supreme Court of Florida has amended Rule of Appellate Procedure 9.710(b) concerning eligibility for mediation. The amendments exclude certain extraordinary writ matters and petitions filed under rule 9.100(c)(2) from the prohibition against referring them to appellate mediation, and a reference to habeas corpus has been deleted. The changes become effective July 1, 2026.

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What changed

The Supreme Court of Florida has amended Rule of Appellate Procedure 9.710(b) to refine the eligibility criteria for appellate mediation. Specifically, the amendments exclude petitions filed under rule 9.100(c)(2) from the prohibition against referring extraordinary writ matters to mediation. Additionally, a superfluous reference to habeas corpus has been removed from the rule. The amendments are intended to clarify the scope of cases eligible for mediation.

These changes will primarily affect legal professionals involved in appellate cases in Florida. Attorneys should note the updated criteria for referring extraordinary writ matters and petitions under rule 9.100(c)(2) to mediation. The amendments take effect on July 1, 2026, and do not impose new compliance burdens beyond understanding the revised procedural rules.

What to do next

Review amended Florida Rule of Appellate Procedure 9.710(b)
Note the exclusion of certain extraordinary writ matters and rule 9.100(c)(2) petitions from mediation prohibitions
Be aware of the effective date of July 1, 2026

Source document (simplified)

Supreme Court of Florida

____________ No. SC2025-1415 ____________

IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.710.

March 12, 2026 PER CURIAM. The Florida Bar’s Appellate Court Rules Committee (Committee) filed a report proposing amendments to Florida Rule of This Court Appellate Procedure 9.710(b) (Eligibility for Mediation). 1 published the proposal for comment, and the Supreme Court Committee on Alternative Dispute Resolution Rules and Policy filed a comment in support of the amendments. The Committee filed a response expressing gratitude for the supportive comment. Having considered the proposed amendments, the comment received, and the Committee’s response, we hereby amend rule 9.710(b). First, rule 9.710(b) is amended to exclude petitions filed under

We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).

rule 9.100(c)(2) from the prohibition against referring extraordinary writ matters to appellate mediation. Second, a reference to habeas corpus is deleted as superfluous. The Court hereby amends the Florida Rules of Appellate Procedure as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments become effective July 1, 2026, at 12:01 a.m. It is so ordered. MUÑIZ, C.J., and LABARGA, COURIEL, GROSSHANS, FRANCIS, SASSO, and TANENBAUM, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS. Original Proceeding – Florida Rules of Appellate Procedure Dwayne Antonio Robinson, Chair, Appellate Court Rules Committee, Miami, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Heather Savage Telfer, Staff Liaison, The Florida Bar, Tallahassee, Florida, for Petitioner Hon. Michael S. Orfinger, Chair, Committee on Alternative Dispute Resolution Rules and Policy, DeLand, Florida, and Thomas A. David, Chief, Alternative Dispute Resolution, Office of the State Courts Administrator, Tallahassee, Florida, Responding with comments

APPENDIX RULE 9.710. ELIGIBILITY FOR MEDIATION

Any case filed may be referred to mediation at the discretion of the court, but under no circumstances may the following categories of actions be referred: (a) No Change habeas corpus and extraordinary writs petitions, except those filed under rule 9.100(c)(2); (c) – (f) [No Change]