When is a Florida nonfinal-order appeal notice due?

Identify the precise Rule 9.130(a)(3)–(5) class and proper reviewing court.

Obtain the actual signed written order and clerk filing that establishes rendition.

Check the particular procedure rather than assuming rehearing postpones every nonfinal appeal.

1. Identify the precise Rule 9.130(a)(3)–(5) class and proper reviewing court.
2. 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.
3. Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
4. 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.

Fictitious example

Fictitious facts. An independently established Rule 9.130(a)(3) order has actual rendition. The independently established event is August 2, 2027. No additional holiday, mail-only addition, tolling or different order applies.

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.

Rendition is the signed written order’s filing, not its announcement

Rule 9.020(h) ordinarily defines rendition when a signed, written order is filed with the lower tribunal’s clerk. Establish that actual filing and any authorized, timely motion that postpones rendition. A judge’s oral announcement, signature date or later delivery is not automatically the operative event.

Reviewable nonfinal orders form a limited class

Rule 9.130(a)(1)–(3) identifies its authorized nonfinal orders. Other nonfinal orders and nonfinal administrative action use the applicable Rule 9.100 method. Criminal nonfinal appeals follow Rule 9.140.

Judgment-relief orders have a specific rehearing restriction

Rule 9.130(a)(5) covers orders on authorized, timely judgment-relief motions. Rehearing directed to those orders is not authorized and does not toll notice filing. Do not apply the final-order rehearing assumptions to that branch.

The record and trial stay do not follow automatically

Rule 9.130(d) transmits no record unless ordered. Paragraph (f) permits continued lower-tribunal proceedings absent a stay, while restricting a final disposition pending review without leave.

• 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.

• Identify the precise Rule 9.130(a)(3)–(5) class and proper reviewing court.
• Obtain the actual signed written order and clerk filing that establishes rendition.
• Check the particular procedure rather than assuming rehearing postpones every nonfinal appeal.
• Rule 9.020(h) ordinarily defines rendition when a signed, written order is filed with the lower tribunal’s clerk. Establish that actual filing and any authorized, timely motion that postpones rendition. A judge’s oral announcement, signature date or later delivery is not automatically the operative event.
• Rule 9.130(a)(1)–(3) identifies its authorized nonfinal orders. Other nonfinal orders and nonfinal administrative action use the applicable Rule 9.100 method. Criminal nonfinal appeals follow Rule 9.140.
• Rule 9.130(a)(5) covers orders on authorized, timely judgment-relief motions. Rehearing directed to those orders is not authorized and does not toll notice filing. Do not apply the final-order rehearing assumptions to that branch.
• Rule 9.130(d) transmits no record unless ordered. Paragraph (f) permits continued lower-tribunal proceedings absent a stay, while restricting a final disposition pending review without leave.
• File the Rule 9.900(c) nonfinal notice with the lower tribunal clerk, prescribed order copies and required fee or indigency treatment. Preserve actual filing and service. Identify the proper clerk and complete filing and service as separate acts. Rule 9.420(a) incorporates Rule 2.525. Attorneys ordinarily file through the portal or designated electronic facility. An eligible unrepresented party may elect electronic filing; prescribed paper exceptions remain. Preserve the successful portal or clerk filing timestamp under Rule 2.525(e). Unless another controlling time applies, Rule 2.514(a)(4) sets 11:59:59 p.m. Eastern Time for electronic filing or service by any means, and scheduled clerk closing for nonelectronic filing. Rule 9.420(a)(2) separately addresses qualifying unrepresented inmate filings and their proof. This calculator does not establish successful submission, sufficiency, a tolling motion or permission to extend a jurisdictional period. Rule 9.420(b)–(d) incorporates Rule 2.516 service and proof. Portal service is complete on filing for listed recipients, subject to promptly serving a recipient known not to have received the document. Email service is complete when sent. Permitted paper mail service is complete on mailing; delivery is complete on delivery. Rule 2.514(b) adds five days after the otherwise computed expiration only when the act is measured after service and service was made only by mail. Email or portal service does not automatically add five days. A filing-based or rendition-based period does not gain five days because another document was mailed. Establish the actual applicable service before choosing a service-based period.