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United States · Florida appellate procedure

When must a party move to tax Florida appellate costs?

A motion to tax appellate costs must be served no later than forty-five days after actual rendition of the appellate court’s order under Rule 9.400(a). The lower tribunal taxes the costs. Establish rendition, prevailing-party treatment and taxable items. A stayed or recalled mandate prevents the lower tribunal from acting on costs until mandate issuance or a further appellate order; it does not make mandate issuance the ordinary forty-five-day trigger.

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Period
Forty-five calendar days after actual appellate order rendition for motion service
Trigger
Actual completed rendition of the appellate court’s order for Rule 9.400(a) cost taxation
Rule
Florida Rule of Appellate Procedure 9.400(a)
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?

Identify the actual appellate order and independently establish its completed rendition.

Identify the prevailing-party treatment, requested taxable items and proper lower tribunal.

Check any stay or recall of the mandate and actual further appellate directions.

Florida Rule of Appellate Procedure 9.400(a)

How does Florida count this appellate period?

  1. Identify the actual appellate order and independently establish its completed rendition.
  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 appellate order is actually rendered with no qualifying unresolved motion or different applicable direction. 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 completed rendition of the appellate court’s order for Rule 9.400(a) cost taxationAugust 2, 2027
Applicable periodForty-five calendar days after actual appellate order rendition for motion serviceThursday, September 16, 2027
Example resultThursday, September 16, 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?

Use appellate rendition, not later delivery
Rule 9.020(i) defines appellate rendition by entry in the court docket, with postponement for its stated authorized and timely postdecision motions. Establish the actual completed rendition applicable to this act. Service, receipt and mandate issuance are separate events.
Taxable costs are the rule’s prescribed items
Rule 9.400(a) identifies filing and service-of-process fees, record preparation and transcripts necessary to determine the proceeding, bond premiums and other costs permitted by law. Costs favor the prevailing party unless the court orders otherwise. Establish actual permitted items rather than treating every expense as taxable.
The lower tribunal cannot act during a stayed or recalled mandate
If an appellate order stays mandate issuance or recalls the mandate, Rule 9.400(a) prohibits further lower-tribunal cost action pending issuance of the mandate or a further appellate order. Preserve the actual stay, recall and later action separately from timely motion service.
Mailing the order does not add five days to a rendition-based period
Rule 2.514(b) addresses a party’s act measured after mail-only service. This costs period uses appellate rendition. Later delivery or mail service of the order is not automatically a different trigger or a five-day addition.
Florida Rule of Appellate Procedure 9.400(a)
  • 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 move to tax Florida appellate costs?

Does the forty-five-day period ordinarily start when the mandate issues?

Rule 9.400(a) measures it from rendition of the appellate court’s order. The mandate limitation governs lower-tribunal action in its stated stay or recall branch.

Florida Rule of Appellate Procedure 9.400(a)

Is filing the motion without timely service enough?

Rule 9.400(a) expressly requires a motion served no later than the applicable forty-five-day endpoint. Complete required filing separately.

Florida Rule of Appellate Procedure 9.400(a)

Are appellate attorney fees the same as taxable costs?

Rule 9.400(b) separately governs attorney-fee motion timing and stated recovery grounds.

Florida Rule of Appellate Procedure 9.400(a),(b)

Official Florida sources and review

Provisions used (10)
Provisions used in this guide
ProvisionPurpose
Florida Rule of Appellate Procedure 9.400(a)The responsible actor, actual event and stated procedural period
Florida Rule of Appellate Procedure 9.020(i)Use appellate rendition, not later delivery
Florida Rule of Appellate Procedure 9.400(a)(1)–(4)Taxable costs are the rule’s prescribed items
Florida Rule of Appellate Procedure 9.400(a)The lower tribunal cannot act during a stayed or recalled mandate
Florida Rule of General Practice and Judicial Administration 2.514(b)Mailing the order does not add five days to a rendition-based period
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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