United States · Florida summary procedure and eviction
When must a Florida summary-procedure party file and serve a notice of appeal?
Section 51.011(5) requires filing and serving notice of appeal within thirty days from rendition of the judgment appealed from. Rule 9.020(h) defines lower-tribunal rendition and its authorized timely motion branches. This calculator uses the independently established completed rendition. Oral announcement and later service do not replace that event.
- Period
- Thirty calendar days from completed rendition, with applicable first-day and final-day exclusions
- Trigger
- Actual completed lower-tribunal rendition of the appealable judgment under Rule 9.020(h)
- Rule
- 2026 Florida Statutes section 51.011(5)
2026 Florida Statutes, October 1, 2026 civil and appellate compilations and July 1, 2026 general practice compilation
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Which actual event starts this Florida summary or eviction period?
Preserve the actual signed written judgment filed with the lower-tribunal clerk.
Establish appealability and the complete timely authorized motion history under the governing rules.
File the prescribed notice in the proper lower tribunal and complete required appeal service separately.
2026 Florida Statutes section 51.011(5)How does Florida count this civil period?
- Preserve the actual signed written judgment filed with the lower-tribunal clerk.
- Rule 9.420(e) incorporates Rule 2.514. Exclude the completed rendition event and start on the next nonweekend, nonholiday day. Count thirty calendar days, including intermediate weekends and holidays. Move an ineligible final day forward. A rendition-based period does not automatically receive a mail-only service addition.
- Establish the actual holiday calendar and any applicable court 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 appealable signed written judgment has completed rendition, with no pending timely authorized motion. The actual event is August 2, 2027. No mail-only addition, further closure, changed court period or federal/program-specific notice requirement is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual completed lower-tribunal rendition of the appealable judgment under Rule 9.020(h) | August 2, 2027 |
| Applicable period | Thirty calendar days from completed rendition, with applicable first-day and final-day exclusions | September 1, 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 summary or eviction qualifications change the procedure?
- Summary procedure requires an actual statutory or rule basis
- Section 51.011 applies only to actions specified by statute or rule. Its different time period controls a conflicting rule period. Section 83.59(2) gives the stated possession action summary procedure. Do not transfer five days to every Florida civil answer.
- Signed written filing and completed rendition must be established
- Rule 9.020(h) uses a signed written order filed with the lower-tribunal clerk. Its timely authorized motion branches affect rendition through withdrawal or final disposition. Preserve all relevant motions and orders. A pending unauthorized or untimely motion does not itself establish tolling.
- The actual summary-procedure posttrial period matters
- Section 51.011(4) uses five days after verdict for a jury new-trial motion, or after judgment entry for a court trial. It requires filing and service. Do not assume an ordinary civil posttrial period makes a summary-procedure motion timely.
- A final judgment and a nonfinal order use different procedures
- Rule 9.110 addresses its authorized final-order and new-trial proceedings. Rule 9.130 governs specified nonfinal orders. Establish the actual order and jurisdiction before applying this summary-procedure appeal period. A familiar document title does not establish appealability.
- An appeal does not itself prove a stay
- Rule 9.310 supplies the applicable stay procedure and stated exceptions. Preserve any actual stay, bond and court directions separately. Filing the notice or obtaining a computed date does not by itself establish a stay of possession.
- Prescribed service remains separate from filing
- Rule 9.420(b),(c) governs required service of the prescribed appellate documents. Preserve each required recipient and completed method. Section 51.011(5) requires filing and serving the notice within its stated period.
- This page does not establish valid notice, valid process, claim or defense sufficiency, rent amounts, automatic possession or a stay.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida summary or eviction act
When must a Florida summary-procedure party file and serve a notice of appeal?
Does an oral judgment announcement supply rendition?
Rule 9.020(h) uses the signed written order filed with the lower-tribunal clerk, subject to its applicable timely authorized motion branches.
Florida Rule of Appellate Procedure 9.020(h)Does every pending motion stop rendition?
The rule specifies timely authorized motions and their effects. Establish the actual motion and governing summary-procedure timeliness before treating rendition as tolled.
Florida Rule of Appellate Procedure 9.020(h)(1),(2)Must I serve the notice as well as file it?
Section 51.011(5) expressly requires both filing and service within the stated period. Preserve both completed acts.
2026 Florida Statutes section 51.011(5)Official Florida summary or eviction sources and review
Provisions used (12)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 51.011(5) | The responsible actor, actual event and stated procedural period |
| 2026 Florida Statutes section 51.011 | Summary procedure requires an actual statutory or rule basis |
| Florida Rule of Appellate Procedure 9.020(h)(1),(2) | Signed written filing and completed rendition must be established |
| 2026 Florida Statutes section 51.011(4) | The actual summary-procedure posttrial period matters |
| Florida Rule of Appellate Procedure 9.110(a),9.130(a) | A final judgment and a nonfinal order use different procedures |
| Florida Rule of Appellate Procedure 9.310(a),(b) | An appeal does not itself prove a stay |
| Florida Rule of Appellate Procedure 9.420(b),(c) | Prescribed service remains separate from filing |
| Florida Rule of Civil Procedure 1.050 | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.080(b) | 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 2.525(b),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |