United States · Florida appellate procedure
When is a Florida Supreme Court discretionary-review notice due?
To invoke the Supreme Court’s discretionary jurisdiction described in Rule 9.030(a)(2)(A), file the Rule 9.120 notice with the district court of appeal’s clerk within thirty days after actual rendition of the decision under review. Rule 9.020(i) uses appellate docketing and any timely authorized Rule 9.330 or 9.331 motion. A timely notice invokes the review request; it does not establish that the Supreme Court accepts jurisdiction.
- Period
- Thirty calendar days under the established Rule 9.120(b) route
- Trigger
- Actual rendition of the qualifying DCA decision under Rule 9.020(i), after any authorized timely postdecision motion
- Rule
- Florida Rule of Appellate Procedure 9.120(b)
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?
Establish the qualifying district court decision and claimed discretionary-jurisdiction basis.
Obtain actual docketing and determine whether a timely authorized Rule 9.330 or 9.331 motion postpones rendition.
Use the actual completed rendition event and identify the DCA clerk.
Florida Rule of Appellate Procedure 9.120(b)How does Florida count this appellate period?
- Establish the qualifying district court decision and claimed discretionary-jurisdiction basis.
- 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. A qualifying DCA decision is docketed with no timely authorized postdecision motion. 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 rendition of the qualifying DCA decision under Rule 9.020(i), after any authorized timely postdecision motion | August 2, 2027 |
| Applicable period | Thirty calendar days under the established Rule 9.120(b) route | Wednesday, September 1, 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?
- Appellate rendition has its own definition
- Rule 9.020(i) ordinarily uses clerk docketing. A timely and authorized Rule 9.330 or 9.331 motion postpones rendition as to all parties until all such motions are withdrawn or resolved by rendered order or opinion.
- The notice must state the jurisdictional basis
- Rule 9.120(a),(c) identifies the applicable discretionary jurisdiction and requires the notice’s lower-tribunal, party, case, rendition-date and jurisdictional information. The court separately decides whether to accept or postpone jurisdiction.
- Jurisdictional briefing is a separate stage
- Rule 9.120(d) ordinarily requires the petitioner’s jurisdiction brief within ten days of notice filing and the respondent’s within thirty days after its service. No jurisdictional reply brief is permitted.
- 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 is a Florida Supreme Court discretionary-review notice due?
Does the DCA decision’s service date always control?
Rule 9.020(i) uses actual docketing and the stated timely authorized postdecision-motion treatment.
Florida Rule of Appellate Procedure 9.020(i)Does filing the notice guarantee discretionary review?
Rule 9.120(e) requires a separate Supreme Court decision accepting or postponing jurisdiction.
Florida Rule of Appellate Procedure 9.120(e)Do I file this notice directly with the Supreme Court?
Rule 9.120(b) specifies the district court of appeal clerk.
Florida Rule of Appellate Procedure 9.120(b)Official Florida sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Florida Rule of Appellate Procedure 9.120(b) | The responsible actor, actual event and stated procedural period |
| Florida Rule of Appellate Procedure 9.020(i) | Appellate rendition has its own definition |
| Florida Rule of Appellate Procedure 9.120(a),(c),(e) | The notice must state the jurisdictional basis |
| Florida Rule of Appellate Procedure 9.120(d) | Jurisdictional briefing is a separate stage |
| 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 |