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A bill to be entitled

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An act relating to appellate procedure; creating s.

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59.075, F.S.; providing a right of appeal from an order

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denying a motion for summary judgment; providing for

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simultaneous jurisdiction by the trial and appellate

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courts; requiring the trial court to issue a written order

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when denying a motion for summary judgment; requesting the

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Supreme Court to adopt rules; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 59.075, Florida Statutes, is created to

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read:

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     Section 59.075, Florida Statutes, is created to read:

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     59.075 Appeal from denial of summary judgment.--Upon

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application made within the time and in the manner provided by

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the Florida Rules of Appellate Procedure, a party may appeal an

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order of a trial court in a civil action which denies a motion

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for summary judgment if the motion was made upon proper notice.

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     (1) The trial court and the appellate court shall maintain

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simultaneous jurisdiction over the matter until the appellate

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court issues an order to show cause to appellee, at which time

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the trial court shall lose jurisdiction pending disposition of

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the appeal.

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     (2) The trial court shall issue a written order denying a

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motion for summary judgment which states with specificity the

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legal basis for the denial and enumerates the specific disputed

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facts deemed material to the trial court.

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     Section 2. The Legislature requests that the Supreme Court

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adopt rules providing:

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     (1) For the submission of evidence into the record of the

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trial court in support of or opposition to the motion for summary

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judgment;

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     (2) For the matter to be transmitted to the appellate court

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solely on the basis of the summary judgment motion;

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     (3) For the appellant to submit a brief in support of the

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appeal which addresses matters overlooked or misapplied by the

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trial court but does not reargue matters discussed in the trial

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court order; and

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     (4) For the party opposing the appeal not to submit a

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responsive brief until the appellate court enters an order to

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show cause after determining that the appeal presents a prima

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facie case for relief.

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     Section 3.  This act shall take effect July 1, 2008, and

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applies to any order denying summary judgment which is entered on

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or after that date.