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FL Supreme CourtJanuary 11, 2024Rules Amended📋 Rule Change

In re: Amendments to Florida Rules of Appellate Procedure 9.020 and 9.400

Case No. SC2023-0836

The Florida Supreme Court adopted Appellate Court Rules Committee proposals amending Rules 9.020 and 9.400, effective January 1, 2024. Rule 9.020(h)(1)(L) now lists a motion to vacate an order based on a general magistrate's recommendations under Family Law Rule 12.490(e)(3) among the motions that toll rendition, and subdivision (i) is retitled to clarify that an appellate order or opinion is rendered when docketed by the clerk. Rule 9.400 adds new subdivision (b)(4), giving parties 7 days after rendition of an order of dismissal to serve a motion for appellate attorneys' fees when the otherwise applicable deadline has not yet run.

Key facts

  • The Florida Supreme Court adopted amendments to Rules 9.020 and 9.400 of the Florida Rules of Appellate Procedure, effective January 1, 2024.
  • Rule 9.020(h)(1)(L) was amended to include motions to vacate orders based on general magistrate recommendations under Family Law Rule 12.490(e)(3) as motions that toll rendition.
  • +2 more key facts with a free trial

Why it matters

Appellate practitioners must calendar the new 7-day post-dismissal window under Rule 9.400(b)(4); previously, a voluntary or court-ordered dismissal under Rule 9.350 could cut off the opportunity to seek appellate fees… — full analysis with a trial

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