There are those who either fail to read the rules, comprehend the rules, or even know that there are procedural rules. The parade of assorted daily filings offers suggestions on how one might learn from other's mistakes.
The appearance of counsel is perhaps as basic as any rule might be. It is mentioned in How to Transition Cases upon the Death of Counsel (December 2014) and is a long-standing rule. The main point is that either a petition or a notice of appearance makes an attorney "of record" in that proceeding. Rule 60Q6.104(1). The information that must be included, and the responsibility to maintain the attorney's current information, are all clear in this rule.
Once the notice is filed, the "attorney of record remains the attorney of record until" one of two things happens. Rule 60Q6.104(2):
- (a) A stipulation for substitution has been filed with the judge and served on all other parties or, if represented, their attorneys of record; or
- (b) A motion to substitute or to withdraw, which reflects that it has been served on the client and all other parties or, if represented, their attorneys of record, is granted.
These are the two only choices. There is not a multitude of choices. The "of record" attorney remains counsel in that case until there is a "stipulation for substitution" or until the has been approval of a "motion to substitute."
But, one might ask, what if an attorney files a new Notice of Appearance that is different than the first, naming different parties and explaining that she/he made an error appearing for some party in the first notice? Great question. But, read the rule. Where in Rule 60Q6.104 does it say filing a new, explanatory, amended, notice erases or obviates representations in an earlier notice?
The same is true of a petition for benefits. In that process, a party or an attorney provides a volume of information that is required by section 440.192, Fla. Stat. If the incorrect worker name, date of accident, county of accident, etc. is added to this form, that cannot be changed by simply filing a second petition.
No, the Rules of Civil Procedure do not allow you to fix fundamental errors by a second "amended" petition.
For the sake of clarity, the Florida Rules of Civil Procedure only apply as specifically referenced in the Chapter 60Q-6 Rules of Procedure for Workers' Compensation Adjudications. See Candor, Quarts, and Consistency (January 2025). If you find yourself citing rules other than those in Chapter 60Q, and the issue is not Discovery under Rule 60Q6.114, you might pause and reconsider carefully. You might phone a friend to discuss.
But, if one cannot change the fundamentals of a petition, of a case, by filing a new petition, then how might one proceed? The answer is in Rule 60Q6.107, patently titled "Amendment." Despite that clear title and rule, this is periodically overlooked. The Rule is literally focused on amendments. Rule 60Q6.107 provide
(2) A petition or request for assignment of case number may only be amended by written stipulation of the parties or by order of the judge. Changes of addresses, e-mail addresses, or phone numbers of parties can be accomplished by filing a notice of change in a particular case or changing registration information pursuant to 60Q-6.108(11). Changes of address, e-mail address, or phone numbers of attorneys shall be made by the attorney in their individual OJCC efiling profile.
(3) An amendment only modifying a company name may be accomplished by a stipulation or motion. An amendment as to party identity must be by motion and order.
Thus, there are issues for which a "notice of change" can accomplish the task. There are issues for which a stipulation could make the change. And there is a process for any change that is not within those specifics: "by order of the judge." When a party seeks an order from the judge, the rules analysis likely leads to 60Q6.115(1):
"Any request for an order or for other relief shall be by motion and shall have a title describing the relief requested." Emphasis added.
Much like the appearance of counsel, there are potentials to handle changes by stipulation. And, when that is not practical, there is a defined process for accomplishing goals or desires, for gaining relief, by filing a motion.
There is the potential that some process, instance, or situation in a particular case may be elusive, convoluted, or obscure. There is a real possibility that the procedural rules will not provide a specific foundation or solution to a particular problem. Nonetheless, there is the broad and inclusive solution to seek relief from the judge under 60Q6.115.
This merely requires a conversation with opposing parties or counsel, a motion, and some argument and citation of authority. The challenge that a party faces can almost always be addressed by motion. That is not to say the motion will be granted. That is not to say all situations will be remedied, but only that any situation can be addressed to the judge by a motion.
The end of the topic is, in summary:
- Read the right rules (60Q)
- Follow the rules' paths and processes
- When in doubt try a stipulation to correct errors
- File a motion when necessary
- Make the motion clear, and descriptive, and include rules, statutes, and other authority