United States · Florida appellate procedure
When must a Florida appellant report the end of a pending tolling motion?
If the notice of appeal disclosed a pending Rule 9.020(h) rendition-postponing motion, Rule 9.110(d) requires the appellant to notify the appellate court within ten days of the motion’s withdrawal or actual rendition of the order being appealed. File a notice of withdrawal or the conformed signed written disposition order, as applicable. Establish the operative branch and all relevant pending motions before selecting the event.
- Period
- Ten calendar days after the established Rule 9.110(d) notification event
- Trigger
- Actual withdrawal or completed rendition event established under Rules 9.110(d) and 9.020(h)
- Rule
- Florida Rule of Appellate Procedure 9.110(d)
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?
Obtain the notice of appeal that identified the qualifying pending motion and its filing date.
Establish whether actual withdrawal or completed rendition supplies the notification event.
Resolve the effect of multiple qualifying motions and preserve the written record of the operative event.
Florida Rule of Appellate Procedure 9.110(d)How does Florida count this appellate period?
- Obtain the notice of appeal that identified the qualifying pending motion and its filing date.
- 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. The appeal notice disclosed a qualifying pending motion. Its actual withdrawal or completed rendition event is established. 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 withdrawal or completed rendition event established under Rules 9.110(d) and 9.020(h) | August 2, 2027 |
| Applicable period | Ten calendar days after the established Rule 9.110(d) notification event | Thursday, August 12, 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 notice identifies the actual order and proceeding
- Rule 9.110(d) requires the prescribed notice form, party and lower-tribunal information, reviewing court, rendition date and nature of the order. Except in criminal cases, attach conformed copies of the designated order and any order on a timely rendition-postponing motion. Indicate a pending qualifying motion and preserve the required later notification.
- Only qualifying motions postpone rendition
- Rule 9.020(h)(1) lists the authorized and timely motions that toll rendition, subject to contrary applicable procedure. For motions directed to a final order, paragraph (h)(2) generally waits until all are withdrawn by filed written notice or the last is resolved by rendered order. An order granting a new trial concludes tolling despite other pending motions. Establish the actual branch, not an assumed extension.
- An early notice may remain in abeyance
- Rule 9.020(h)(2)(C) holds an appeal filed before disposition of all qualifying motions in abeyance until their withdrawal or resolution. The notification period does not establish that an unresolved motion has ended.
- Withdrawal and disposition require different documents
- Rule 9.110(d) requires either a notice indicating withdrawal or the conformed signed written order disposing of the rendition-postponing motion. Preserve the applicable event and document; do not substitute an informal communication.
- 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 must a Florida appellant report the end of a pending tolling motion?
Does every later motion create this ten-day obligation?
Rule 9.110(d) addresses the qualifying pending rendition-postponing motion identified when the notice of appeal was filed.
Florida Rule of Appellate Procedure 9.110(d)Is a request to withdraw the same as actual withdrawal?
Establish the actual qualifying withdrawal record and the applicable Rule 9.020(h) effect.
Florida Rule of Appellate Procedure 9.020(h)(2)Can I ignore another pending qualifying motion?
Rule 9.020(h)(2) requires the stated treatment of all qualifying motions, with its new-trial exception.
Florida Rule of Appellate Procedure 9.020(h)(2)Official Florida sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| Florida Rule of Appellate Procedure 9.110(d) | The responsible actor, actual event and stated procedural period |
| Florida Rule of Appellate Procedure 9.110(d) | The notice identifies the actual order and proceeding |
| Florida Rule of Appellate Procedure 9.020(h)(1)–(2) | Only qualifying motions postpone rendition |
| Florida Rule of Appellate Procedure 9.020(h)(2)(C) | An early notice may remain in abeyance |
| Florida Rule of Appellate Procedure 9.110(d) | Withdrawal and disposition require different documents |
| 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 |