The notice of joinder must be filed in the appellate court either before service or immediately thereafter. The body of the notice must set forth the proposed new caption. The notice must be accompanied by any required filing fee except as provided in rule 9.430 for proceedings by indigents. On filing the notice and payment of the fee, the clerk of the court will change the caption to reflect the realignment of the parties in the notice.
Fl. R. App. P. 9.360
Committee Notes
1977 Amendment. This rule is intended as a simplification of the former rules with no substantial change in practice.
Subdivision (a) is a simplification of the provisions of former rule 3.11(b), with modifications recognizing the elimination of assignments of error.
Subdivision (b) retains the substance of former rule 3.11(d).
Subdivision (c)(1) substantially simplifies the procedure for substituting parties. This change is in keeping with the overall concept of this revision that these rules should identify material events that may or should occur in appellate proceedings and specify in general terms how that event should be brought to the attention of the court and how the parties should proceed. The manner in which these events shall be resolved is left to the courts, the parties, the substantive law, and the circumstances of the particular case.
Subdivision (c)(2) is new and is intended to avoid the necessity of motions for substitution if the person holding a public office is changed during the course of proceedings. It should be noted that the style of the case does not necessarily change.
Subdivision (c)(4) is new, and is intended to simplify the procedure and avoid confusion if a party dies before an appellate proceeding is instituted. Substitutions in such cases are to be made according to subdivision (c)(1).
2018 Amendment. The title of subdivision (a) was amended to clarify that the joinder permitted by this rule is only for the purpose of realigning existing parties to the appeal. The required notice pursuant to subdivision (a) retains the original terminology and continues to be referred to as a "notice of joinder" consistent with the existing statutory scheme to collect a fee for filing such a notice. Subdivision (a) was also amended to remove the prior directions for filing the notice "in the same manner as the petition or notice of appeal," so that a notice of realignment is now properly filed in the court.