United States · Florida appellate procedure
When may a party respond to a Florida appellate motion?
A party may serve one response within fifteen days after actual service of an ordinary appellate motion under Rule 9.300(a). Motions under Rule 9.410(b) have a separate procedure. The court may shorten or extend response time. This calculator covers the unchanged ordinary period after service that does not require a mail-only addition.
- Period
- Fifteen calendar days after actual motion service in the stated ordinary branch
- Trigger
- Actual controlling service of an ordinary Rule 9.300(a) appellate motion
- Rule
- Florida Rule of Appellate Procedure 9.300(a)
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 motion and exclude the separate Rule 9.410(b) sanctions procedure.
Establish actual controlling motion service and its method.
Check whether the court shortened or extended the response period.
Florida Rule of Appellate Procedure 9.300(a)How does Florida count this appellate period?
- Identify the actual motion and exclude the separate Rule 9.410(b) sanctions procedure.
- 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. An ordinary nonsanctions appellate motion is actually served electronically with no different response order. 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 controlling service of an ordinary Rule 9.300(a) appellate motion | August 2, 2027 |
| Applicable period | Fifteen calendar days after actual motion service in the stated ordinary branch | Tuesday, August 17, 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?
- One ordinary response is permitted
- Rule 9.300(a) permits one response to an ordinary motion. Do not infer an additional automatic response or reply timetable from the fifteen-day provision.
- The court may set different response time
- Rule 9.300(a) expressly permits the court to shorten or extend motion response time. Use the actual order rather than overriding it with the ordinary preset.
- Party sanctions motions use a different procedure
- Rule 9.300(a) expressly excepts Rule 9.410(b) motions. Establish that procedure and any actual court direction separately.
- Mail-only service needs its separately computed addition
- Rule 2.514(b) gives a party five additional days after the otherwise computed expiration when the prescribed act runs from service made only by mail. This calculator covers the established ordinary service branch without that addition. Email and portal service do not automatically receive it.
- Motion tolling requires the actual applicable category
- Rule 9.300(b) ordinarily tolls the court proceeding’s time schedule on motion service until disposition, subject to the twelve excluded categories in paragraph (d). An actual extension order can also change related acts. Establish the motion, exception and court action separately instead of assuming every motion tolls every deadline.
- 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 may a party respond to a Florida appellate motion?
Does filing the motion start the response period?
Rule 9.300(a) measures the ordinary response from actual motion service. Filing and service can coincide but require their actual records.
Florida Rule of Appellate Procedure 9.300(a)Does every appellate motion allow fifteen days to respond?
The Rule 9.410(b) exception and an actual court-shortened or extended response period require separate treatment.
Florida Rule of Appellate Procedure 9.300(a)Does responding establish that the next brief is tolled?
Identify actual motion service, disposition and the excluded categories under Rule 9.300(d). The response alone does not establish the governing schedule.
Florida Rule of Appellate Procedure 9.300(b),(d)