United States · Florida appellate procedure
When is a Florida nonfinal-order cross-appeal notice due?
For the appellant’s designated order and a ruling within Rule 9.130(a)(3)–(5), an appellee may serve a cross-notice within fifteen days after service of the timely original notice or within the original notice-filing period, whichever is later. File before service or immediately afterward in the original-notice manner. Establish scope and both endpoints separately; this guide does not calculate a date.
- Period
- Later of the fifteen-day service period and the original nonfinal notice period
- Trigger
- Actual service of the timely nonfinal notice and independently established original nonfinal-notice expiration
- Rule
- Florida Rule of Appellate Procedure 9.130(g)
Official appellate compilation published October 1, 2026 and general practice compilation published July 1, 2026
Source guide · No automated date
Establish the complete Florida appellate procedure
The nonfinal cross-appeal requires an authorized designated order and the later of two independently established periods. A single encoded fifteen-day preset does not establish its date.
Florida Rule of Appellate Procedure 9.130(g)What lawyers say
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Which actual event starts this Florida appellate period?
Confirm the order is designated in the appellant’s notice and the ruling falls within Rule 9.130(a)(3)–(5).
Verify the original notice’s actual timely filing and its actual service.
Independently compute the original nonfinal notice expiration and compare both applicable endpoints.
Florida Rule of Appellate Procedure 9.130(g)How does Florida count this appellate period?
- Confirm the order is designated in the appellant’s notice and the ruling falls within Rule 9.130(a)(3)–(5).
- 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)Why does this procedure need a separate comparison?
The nonfinal cross-appeal requires an authorized designated order and the later of two independently established periods. A single encoded fifteen-day preset does not establish its date.
Which Florida appellate qualifications change the procedure?
- Compare the fifteen-day service period with the original notice period
- Establish the appellant’s timely notice, its actual service and the independently computed expiration for an original notice. The cross-appeal uses the later of those two deadlines. Do not add fifteen days to the original expiration or always select the service-based date.
- Cross-review remains within the designated order and authorized classes
- Rule 9.130(g) permits cross-appeal of the order or orders the appellant designated, to review the stated rulings in paragraphs (a)(3)–(5). A matching period does not make an unrelated interlocutory ruling appealable.
- A judgment-relief order’s rehearing does not toll its original period
- Rule 9.130(a)(5) expressly states that rehearing of its judgment-relief order is unauthorized and does not toll notice filing. Establish that branch before computing the original expiration.
- Mail-only service is a separate computation issue
- Rule 2.514(b) adds five days after the ordinary period when the act is measured after service made only by mail. Verify that condition for the service branch without extending the rendition-based original period.
- 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 nonfinal-order cross-appeal notice due?
Can I cross-appeal an unrelated nonfinal order here?
Rule 9.130(g) limits the cross-appeal to the designated orders and stated reviewable rulings.
Florida Rule of Appellate Procedure 9.130(g)Is fifteen days after service always the final date?
Compare that period with the original notice-filing period and use the later established endpoint.
Florida Rule of Appellate Procedure 9.130(g)Does this guide also set the opening brief deadline?
Rule 9.130(e) separately measures the ordinary opening brief from actual notice filing.
Florida Rule of Appellate Procedure 9.130(e)Official Florida sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| Florida Rule of Appellate Procedure 9.130(g) | The responsible actor, actual event and stated procedural period |
| Florida Rule of Appellate Procedure 9.130(g) | Compare the fifteen-day service period with the original notice period |
| Florida Rule of Appellate Procedure 9.130(g) | Cross-review remains within the designated order and authorized classes |
| Florida Rule of Appellate Procedure 9.130(a)(5) | A judgment-relief order’s rehearing does not toll its original period |
| Florida Rule of General Practice and Judicial Administration 2.514(b) | Mail-only service is a separate computation issue |
| 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 |