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Florida Notice of Appeal

Florida counts the clock from the moment the trial court clerk files the signed order, whether or not anyone is ever served with it.

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Introduction

A Florida notice of appeal is due within 30 days of rendition of the final order, and rendition means the signed, written order is filed with the clerk of the lower tribunal, the trial court that entered it, with no requirement that anyone be served (Fla. R. App. P. 9.110(b); 9.020(h)). Rendition, and with it the 30-day clock, is postponed only while certain post-trial motions remain pending, including a timely motion for new trial, a motion for rehearing, a motion for certification, a motion to alter or amend, a motion for judgment in accordance with a prior motion for directed verdict, a motion for arrest of judgment, or a motion to challenge the verdict, until all such motions are resolved or withdrawn, except that an order granting a new trial ends the postponement even if other such motions remain pending (Fla. R. App. P. 9.020(h)(1)-(2)). Outside that tolling list, the rule text supplies no court-granted extension of the 30 days, and the 1977 committee note to Rule 9.110 calls a late notice an irremediable jurisdictional defect. The notice is filed with the clerk of the lower tribunal, never directly with the appellate court, and since January 1, 2021 every final civil judgment, whether from circuit court or county court, including small claims, is reviewed by the District Court of Appeal on the record, not by the circuit court and not as a new trial (Fla. Stat. 26.012(1), as amended by ch. 2020-61; Fla. R. App. P. 9.030(b)(1)(A)). Filing the notice does not by itself stop the other side from collecting on the judgment; only a supersedeas bond or another stay under Rule 9.310 does that. Criminal, administrative-agency, federal-court and interlocutory (nonfinal) appeals follow different rules and are outside this page. Attorney review is available before you file.

Key Things to Know

  1. 1

    The deadline is 30 days after rendition of the final order, meaning the date a signed, written order is filed with the clerk of the lower tribunal, not the date anyone is served (Fla. R. App. P. 9.110(b); 9.020(h)). A timely motion for new trial, rehearing, certification, to alter or amend, for judgment in accordance with a prior motion for directed verdict, for arrest of judgment, or to challenge the verdict postpones rendition until all such motions are resolved or withdrawn, except that an order granting a new trial ends the postponement even if other such motions remain pending (Fla. R. App. P. 9.020(h)(1)-(2)).

  2. 2

    The rule text gives no court-granted extension of the 30-day period. The 1977 committee note to Rule 9.110 describes a late notice as an irremediable jurisdictional defect, citing Williams v. State, 324 So. 2d 74 (Fla. 1975); only a timely tolling motion under Rule 9.020(h) postpones the clock.

  3. 3

    File the notice with the clerk of the lower tribunal, the trial court (circuit or county court) that rendered the order, never directly with the appellate court (Fla. R. App. P. 9.110(b)). Since January 1, 2021, every civil final judgment, from circuit court or county court alike, is reviewed by the District Court of Appeal, not the circuit court (Fla. Stat. 26.012(1), as amended by ch. 2020-61; Fla. R. App. P. 9.030(b)(1)(A)).

  4. 4

    Florida Rule of Appellate Procedure 9.110(d) requires the notice to be substantially in the form prescribed by Fla. R. App. P. Form 9.900(a), Notice of Appeal. The notice must name the lower tribunal and case number, the parties, the court appealed to, the date of rendition, and the nature of the order, and a conformed copy of the order must be attached except in criminal cases (Fla. R. App. P. 9.110(d)).

  5. 5

    Filing generally costs a $300 fee paid to the clerk of the District Court of Appeal for docketing (Fla. Stat. 35.22(1)) plus a fee not to exceed $100 paid to the clerk of the lower tribunal when the notice is filed (Fla. Stat. 28.241(2)(b)); confirm the current fee with the clerk. A party who qualifies may instead file a signed application for determination of indigent status (Fla. R. App. P. 9.430(a)).

  6. 6

    Filing the notice does not by itself stop collection of a money judgment. An automatic stay requires posting a supersedeas bond equal to the judgment's principal amount plus twice the statutory interest rate (Fla. R. App. P. 9.310(b)(1)); without that bond, or a stay approved by the lower tribunal under Rule 9.310(a), the judgment stays enforceable while the appeal is pending. When a public body or officer is the appellant, the timely notice itself operates as an automatic stay (Rule 9.310(b)(2)).

  7. 7

    A Florida small claims appeal follows the same Rule 9.110 procedure as any civil case: a notice filed with the county court clerk within 30 days of rendition, reviewed by the District Court of Appeal on the trial record, not a fresh trial (Fla. Sm. Cl. R. 7.230(a)). After filing, the lower tribunal clerk must prepare the record within 50 days and transmit it within 60 days, and the appellant's initial brief is due within 70 days of the notice (Fla. R. App. P. 9.110(e)-(f)).

Key decisions before you file

Before you file a Notice of Appeal in Florida, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

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Florida Requirements for Notice of Appeal

  • 30-Day Rendition Deadline

    A Florida notice of appeal must be filed within 30 days of rendition of the order, meaning the date the signed, written order is filed with the clerk of the lower tribunal, with no requirement that anyone be served (Fla. R. App. P. 9.110(b); 9.020(h)).

  • Deadline Is Jurisdictional, Not Extendable

    The rule text supplies no court-granted extension of the 30-day period, and the 1977 committee note to Rule 9.110 describes a late notice as an irremediable jurisdictional defect. Only the tolling motions listed in Rule 9.020(h) postpone rendition itself.

  • Tolling Motions Postpone Rendition

    A timely, authorized motion for new trial, remittitur, or additur, rehearing, certification, to alter or amend, for judgment in accordance with a prior motion for directed verdict, for arrest of judgment, or to challenge the verdict postpones rendition of the order until all such motions are resolved or withdrawn, except that an order granting a new trial ends the tolling (Fla. R. App. P. 9.020(h)(1)-(2)).

  • Filed With the Clerk of the Lower Tribunal

    The notice is filed with the clerk of the lower tribunal, the trial court, circuit or county, that entered the order, never directly with the appellate court (Fla. R. App. P. 9.110(b)).

  • District Court of Appeal Reviews All Civil Judgments

    Since January 1, 2021, every civil final judgment, whether from circuit court or county court, including small claims, is reviewed by the District Court of Appeal, not the circuit court (Fla. Stat. 26.012(1), as amended by ch. 2020-61; Fla. R. App. P. 9.030(b)(1)(A)).

  • Form 9.900(a) Governs the Notice's Content

    Fla. R. App. P. 9.110(d) requires the notice to be substantially in the form prescribed by Fla. R. App. P. Form 9.900(a), Notice of Appeal, naming the lower tribunal and case number, the parties, the court appealed to, the date of rendition, and the nature of the order, with a conformed copy of the order attached except in criminal cases.

  • Filing Fees to Docket the Appeal

    Filing generally requires a $300 fee to the District Court of Appeal clerk (Fla. Stat. 35.22(1)) plus a fee not to exceed $100 to the clerk of the lower tribunal (Fla. Stat. 28.241(2)(b)); confirm the current fee with the clerk. A qualifying party may instead file a signed application for determination of indigent status (Fla. R. App. P. 9.430(a)).

  • Supersedeas Bond Needed to Stay the Judgment

    Filing the notice does not by itself stop collection of a money judgment. An automatic stay requires posting a supersedeas bond equal to the judgment's principal amount plus twice the statutory interest rate (Fla. R. App. P. 9.310(b)(1)); a public body or officer appellant instead gets an automatic stay simply by filing the timely notice (Rule 9.310(b)(2)).

  • Small Claims Appeals Are Record Review, Not New Trials

    A Florida small claims appeal follows the same Rule 9.110 procedure as any civil appeal, a notice filed with the county court clerk within 30 days of rendition, reviewed by the District Court of Appeal on the existing record rather than a new trial (Fla. Sm. Cl. R. 7.230(a)).

Frequently Asked Questions