United States · Florida appellate procedure
When may a party seek rehearing of a Florida appellate decision?
A motion for rehearing, clarification, certification or a written opinion may be filed within fifteen days of the appellate court’s order or decision under Rule 9.330(a)(1), unless the court sets other time. Establish actual rendition and eligibility. Bond-validation rehearing or clarification uses a different ten-day procedure, and specified Supreme Court decisions exclude rehearing or clarification.
- Period
- Fifteen calendar days from the eligible appellate order or decision, absent other court-set time
- Trigger
- Actual initial rendition of the eligible appellate order or decision under Rule 9.330(a)(1)
- Rule
- Florida Rule of Appellate Procedure 9.330(a)(1)
Official appellate compilation published October 1, 2026 and general practice compilation published July 1, 2026
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Which actual event starts this Florida appellate period?
Identify the eligible appellate order or decision and actual initial entry in the appellate court docket under Rule 9.020(i).
Determine the permitted motion and specific grounds under Rule 9.330(a)(2).
Check the bond-validation branch, Supreme Court exclusions and any different court-set time.
Florida Rule of Appellate Procedure 9.330(a)(1)How does Florida count this appellate period?
- Identify the eligible appellate order or decision and actual initial entry in the appellate court docket under Rule 9.020(i).
- Rule 9.420(e) incorporates Rule 2.514(a). Exclude the established event. For seven days or longer, begin with the next day that is not Saturday, Sunday or a legal holiday. Count intermediate calendar days. For fewer than seven days, omit intermediate Saturdays, Sundays and legal holidays. Do not treat a seven-day period as seven business days.
- Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
- Complete the required act with the proper court or recipient.
Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.
Florida Rule of General Practice and Judicial Administration 2.514(a)What do the independently derived facts show?
Fictitious example
Fictitious facts. An eligible ordinary appellate decision is entered in the appellate docket with no different court-set period. The independently established event is August 2, 2027. No additional holiday, mail-only addition, tolling or different order applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual initial rendition of the eligible appellate order or decision under Rule 9.330(a)(1) | August 2, 2027 |
| Applicable period | Fifteen calendar days from the eligible appellate order or decision, absent other court-set time | Tuesday, August 17, 2027 |
Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.
Try these dates in the calculatorWhich Florida appellate qualifications change the procedure?
- The motion must address the permitted grounds
- Rule 9.330(a)(2) requires particular overlooked or misapprehended law or facts for rehearing, specific points needing clarification, stated conflict or public-importance grounds for certification, or the prescribed reasons for a written opinion. A rehearing motion may not present issues not previously raised.
- Use one combined document for the particular disposition
- Rule 9.330(b) prohibits more than one covered motion concerning a particular order or decision and requires all covered motions for it in a single document.
- Bond-validation rehearing or clarification uses ten days
- Rule 9.330(c) applies a ten-day motion and response procedure to its specified bond or indebtedness validation proceedings, unless the court sets other motion time. This fifteen-day calculator excludes that branch.
- Specified Supreme Court decisions exclude rehearing or clarification
- Rule 9.330(d) excludes those motions addressing its specified dismissal of a mandatory appeal from a district court decision without opinion, grant or denial of discretionary district-court review, or dismissal of an extraordinary writ seeking review of a district-court decision without opinion.
- Only the rule’s specified disposing decisions qualify
- Rule 9.330(e) applies to appellate orders or decisions disposing of an appeal, original proceeding or appellate attorney-fee motion. The court’s inherent reconsideration of nonfinal appellate decisions remains separate.
- Establish initial rendition and any later postponement separately
- Rule 9.020(i) defines appellate rendition by docket entry and identifies qualifying timely authorized postdecision motions that postpone rendition for other purposes. Do not replace the initial event for this motion with its own later disposition.
- This page does not establish appealability, jurisdiction, disputed facts, sufficiency or an extension.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida appellate act
When may a party seek rehearing of a Florida appellate decision?
Can I raise a new issue in a rehearing motion?
Rule 9.330(a)(2)(A) prohibits issues not previously raised and requires particular points of law or fact allegedly overlooked or misapprehended.
Florida Rule of Appellate Procedure 9.330(a)(2)(A)Can I file separate rehearing and written-opinion motions for the same decision?
Rule 9.330(b) requires covered motions concerning the particular disposition in one combined document.
Florida Rule of Appellate Procedure 9.330(b)Does every appellate order permit the ordinary fifteen-day motion?
Check the disposing-decision scope, bond-validation procedure, specified Supreme Court exclusions and actual court-set time.
Florida Rule of Appellate Procedure 9.330(a)(1),(c)–(e)Official Florida sources and review
Provisions used (12)
| Provision | Purpose |
|---|---|
| Florida Rule of Appellate Procedure 9.330(a)(1) | The responsible actor, actual event and stated procedural period |
| Florida Rule of Appellate Procedure 9.330(a)(2) | The motion must address the permitted grounds |
| Florida Rule of Appellate Procedure 9.330(b) | Use one combined document for the particular disposition |
| Florida Rule of Appellate Procedure 9.330(c) | Bond-validation rehearing or clarification uses ten days |
| Florida Rule of Appellate Procedure 9.330(d) | Specified Supreme Court decisions exclude rehearing or clarification |
| Florida Rule of Appellate Procedure 9.330(e) | Only the rule’s specified disposing decisions qualify |
| Florida Rule of Appellate Procedure 9.020(i) | Establish initial rendition and any later postponement separately |
| Florida Rule of Appellate Procedure 9.420(a)–(e) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.514(a)–(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.516(b),(f) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(c),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |