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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.

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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)
Florida Rules of Appellate Procedure and Rules of General Practice and Judicial Administration

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?

  1. Obtain the notice of appeal that identified the qualifying pending motion and its filing date.
  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.

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.

Example counting steps
StepWhat is countedDate
Established eventActual withdrawal or completed rendition event established under Rules 9.110(d) and 9.020(h)August 2, 2027
Applicable periodTen calendar days after the established Rule 9.110(d) notification eventThursday, August 12, 2027
Example resultThursday, 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.

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Which 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.
Florida Rule of Appellate Procedure 9.110(d)
  • 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)
Provisions used in this guide
ProvisionPurpose
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
Read the current official Florida court rules

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