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United States · Florida appellate procedure

When is a Florida petitioner’s jurisdictional brief due?

Under Rule 9.120(d), the petitioner must serve the brief on jurisdiction within ten days after actual filing of the notice invoking discretionary review. Limit its argument to Supreme Court jurisdiction and attach an appendix containing only a conformed copy of the DCA decision. No jurisdictional reply is permitted. Later merits briefing requires the court’s separate jurisdiction order.

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Period
Ten calendar days after actual discretionary-review notice filing
Trigger
Actual filing of the notice invoking the established Rule 9.120 discretionary jurisdiction
Rule
Florida Rule of Appellate Procedure 9.120(d)
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?

Establish the qualifying Rule 9.120 proceeding and actual notice filing.

Prepare the jurisdictional argument and prescribed decision-only appendix.

Check the actual applicable court directions and identify any intended independent review issues.

Florida Rule of Appellate Procedure 9.120(d)

How does Florida count this appellate period?

  1. Establish the qualifying Rule 9.120 proceeding and actual notice filing.
  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 discretionary-review notice is actually filed under the unmodified jurisdictional schedule. 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 filing of the notice invoking the established Rule 9.120 discretionary jurisdictionAugust 2, 2027
Applicable periodTen calendar days after actual discretionary-review notice filingThursday, August 12, 2027
Example resultThursday, August 12, 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?

Jurisdictional argument and appendix have a limited scope
Rule 9.120(d) limits argument solely to Supreme Court jurisdiction and the appendix to the conformed DCA decision. Rule 9.210 provides the formal requirements.
Independent issues must be identified
Rule 9.120(f) and 9.210(f) require identification in the jurisdictional statement of issues when the petitioner intends to raise independent issues if review is allowed. Timing alone does not preserve an unidentified issue.
Acceptance and merits briefing are later stages
Rule 9.120(e),(g) requires a court order accepting or postponing jurisdiction and separately sets the initial merits brief from rendition of that order. Notice filing is not an acceptance order.
Actual motions and extension orders can change the briefing schedule
Rule 9.300(b) tolls the proceeding schedule on service of a motion unless paragraph (d) excepts it. Actual extension orders can change related acts and the next brief after record, index or transcript extensions. Establish the applicable motion, exception, disposition and order before using the ordinary unmodified period.
Florida Rule of Appellate Procedure 9.120(d)
  • 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 petitioner’s jurisdictional brief due?

Do I start ten days from the DCA decision?

Rule 9.120(d) uses actual discretionary-review notice filing.

Florida Rule of Appellate Procedure 9.120(d)

May I include the full appellate record in this appendix?

The rule prescribes only a conformed copy of the DCA decision for this jurisdictional appendix.

Florida Rule of Appellate Procedure 9.120(d)

Can I file a jurisdictional reply after the response?

Rule 9.120(d) expressly permits no jurisdictional reply.

Florida Rule of Appellate Procedure 9.120(d)

Official Florida sources and review

Provisions used (10)
Provisions used in this guide
ProvisionPurpose
Florida Rule of Appellate Procedure 9.120(d)The responsible actor, actual event and stated procedural period
Florida Rule of Appellate Procedure 9.120(d)Jurisdictional argument and appendix have a limited scope
Florida Rule of Appellate Procedure 9.120(f)Independent issues must be identified
Florida Rule of Appellate Procedure 9.120(e),(g)Acceptance and merits briefing are later stages
Florida Rule of Appellate Procedure 9.300(b),(d)Actual motions and extension orders can change the briefing schedule
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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