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.
- 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)
Official appellate compilation published October 1, 2026 and general practice compilation published July 1, 2026
Free calculator · No account needed
Calculate your deadline
Loading calculator…
What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
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?
- Identify the actual appellate order and independently establish its completed rendition.
- 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 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.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual completed rendition of the appellate court’s order for Rule 9.400(a) cost taxation | August 2, 2027 |
| Applicable period | Forty-five calendar days after actual appellate order rendition for motion service | Thursday, 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.
Try these dates in the calculatorWhich 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.
- 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)
| Provision | Purpose |
|---|---|
| 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 |