United States · Florida trial and posttrial

When must a Florida party file an election rejecting remittitur or additur?

Under Rule 1.530(h)(3), a party adversely affected by an order granting remittitur or additur may reject the award and elect a new trial on damages only by filing a written election within fifteen days after that granting order is filed. The verdict, original motion and order service do not replace the specified order-filing event.

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Period: Fifteen calendar days after actual granting-order filing
Trigger: Actual filing of the order granting remittitur or additur
Rule: Florida Rule of Civil Procedure 1.530(h)(3)

Florida civil summary judgment, posttrial, costs and temporary injunction procedures

Official civil compilation published October 1, 2026 and general practice compilation published July 1, 2026

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Actual filing of the order granting remittitur or additur

Use only for an adversely affected party’s Rule 1.530(h)(3) written election. Identify the actual granting order and filing date. The election concerns damages only and does not reopen every issue.

Entry rules and timing exceptions

15 days from Filing of the order granting remittitur or additur.

Fla. R. Civ. P. 1.530(h)(3)Binding

Rule notes

Added on verification: missing this deadline forfeits the right to a new trial on damages and leaves the party bound by the remitted or increased award.

Calculation software, not legal advice. Check the current rule, orders and facts.

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Which actual event starts this Florida civil period?

Identify the filed order that actually grants remittitur or additur.

Establish that this party is adversely affected by the order.

Preserve its actual filing date and classify the proposed written election.

Florida Rule of Civil Procedure 1.530(h)(3)

How does Florida count this civil period?

Identify the filed order that actually grants remittitur or additur.
Rule 1.090(a) 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 order granting damages adjustment is actually filed. This party is adversely affected and elects a damages-only new trial. The established event occurs August 2, 2027. No mail-only addition, further clerk closure, different order or unestablished branch applies.

Example counting steps
Step	What is counted	Date
Established event	Actual filing of the order granting remittitur or additur	August 2, 2027
Applicable period	Fifteen calendar days after actual granting-order filing	Tuesday, August 17, 2027

Example resultTuesday, 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.

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Which Florida civil qualifications change the procedure?

Only an adversely affected party uses this election: Rule 1.530(h)(3) identifies a party adversely affected by the granting order. Establish the actual award and its effect rather than assuming every party has the same election.
The elected new trial addresses damages only: The prescribed rejection election is a new trial on the issue of damages only. The fifteen-day calculation does not establish a retrial of liability or unrelated claims.
The original adjustment motion uses a different event: Rule 1.530(h)(1) measures original motion service from jury verdict return or nonjury judgment filing. Paragraph (h)(3) measures this written election’s filing from the filed granting order. Keep both records separately.

Florida Rule of Civil Procedure 1.530(h)(3)

This page does not establish grounds for relief, an actual court hearing, a bond amount, fee entitlement or appeal preservation.
Check the operative procedural edition, actual filing and service records, motions, court directions and additional closures.

What must be filed, served and preserved?

Identify the filed order that actually grants remittitur or additur.
Establish that this party is adversely affected by the order.
Preserve its actual filing date and classify the proposed written election.
Rule 1.530(h)(3) identifies a party adversely affected by the granting order. Establish the actual award and its effect rather than assuming every party has the same election.
The prescribed rejection election is a new trial on the issue of damages only. The fifteen-day calculation does not establish a retrial of liability or unrelated claims.
Rule 1.530(h)(1) measures original motion service from jury verdict return or nonjury judgment filing. Paragraph (h)(3) measures this written election’s filing from the filed granting order. Keep both records separately.
File the actual written election with the proper court and preserve the filing receipt. Complete required service under the applicable rules. A served letter alone does not establish the prescribed filed election. Preserve the granting order, adverse effect, scope and successful filing.

Questions about this Florida civil act