United States · Florida appellate procedure
When must a party seek review of a Florida appellate costs or fees order?
Review of a lower tribunal order rendered under Rule 9.400 proceeds by motion filed in the appellate court within thirty days of actual rendition under paragraph (c). Establish that the order belongs to this appellate costs or fees procedure and determine lower-tribunal rendition under Rule 9.020(h). Do not substitute a notice of appeal, the original appellate order or later service of the costs order.
- Period
- Thirty calendar days after actual eligible lower-tribunal order rendition
- Trigger
- Actual lower-tribunal rendition of the eligible Rule 9.400 costs or fees order
- Rule
- Florida Rule of Appellate Procedure 9.400(c)
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 actual lower-tribunal order and establish that it was rendered under Rule 9.400.
Obtain the signed written order’s clerk filing and resolve any applicable authorized timely rendition-postponing motion.
Identify the appellate court and prepare the required review motion rather than assuming a notice-of-appeal procedure.
Florida Rule of Appellate Procedure 9.400(c)How does Florida count this appellate period?
- Identify the actual lower-tribunal order and establish that it was rendered under Rule 9.400.
- 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 lower tribunal’s eligible Rule 9.400 costs or fees order is actually rendered with no unresolved applicable rendition-postponing 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 lower-tribunal rendition of the eligible Rule 9.400 costs or fees order | August 2, 2027 |
| Applicable period | Thirty calendar days after actual eligible lower-tribunal order rendition | 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?
- The order must belong to the Rule 9.400 procedure
- Rule 9.400(c) addresses orders rendered by the lower tribunal under that rule. Establish the appellate costs or fees context. Do not apply it indiscriminately to every trial-level fee or cost award.
- Lower-tribunal rendition differs from appellate docket rendition
- Rule 9.020(h) ordinarily defines lower-tribunal rendition by filing of the signed written order with its clerk and identifies applicable authorized timely motions. Establish the actual branch before selecting the event.
- The prescribed review act is a motion filed in the appellate court
- Rule 9.400(c) specifies motion review in the appellate court within thirty days. Service alone or a different notice document does not establish completion of that filing act.
- Mailing the order does not automatically add five days
- Rule 2.514(b) addresses party acts measured after mail-only service. This review uses rendition, so delivery or mailing of the order does not automatically change its event or add time.
- 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 party seek review of a Florida appellate costs or fees order?
Does the original appellate decision start this review period?
Rule 9.400(c) uses the eligible lower-tribunal costs or fees order’s rendition.
Florida Rule of Appellate Procedure 9.400(c)Does this rule cover every trial court fee award?
Establish that the lower-tribunal order was rendered under Rule 9.400. Other awards require their own proper review route.
Florida Rule of Appellate Procedure 9.400(c)Can I serve a review motion without timely appellate filing?
Paragraph (c) requires the motion to be filed in the appellate court within the applicable period.
Florida Rule of Appellate Procedure 9.400(c)Official Florida sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| Florida Rule of Appellate Procedure 9.400(c) | The responsible actor, actual event and stated procedural period |
| Florida Rule of Appellate Procedure 9.400(c) | The order must belong to the Rule 9.400 procedure |
| Florida Rule of Appellate Procedure 9.020(h) | Lower-tribunal rendition differs from appellate docket rendition |
| Florida Rule of Appellate Procedure 9.400(c) | The prescribed review act is a motion filed in the appellate court |
| Florida Rule of General Practice and Judicial Administration 2.514(b) | Mailing the order does not automatically add five days |
| 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 |