IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.400

Fla. | 2026-10-01
No. SC2026-0579
Couriel, C.J., Labarga, J., Muñiz, J., Grosshans, J., Francis, J., Barrios, J., Tanenbaum, J.
2026 FL 12942 Florida Supreme Court (2026)

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Holding

Florida Rule of Appellate Procedure 9.400(b)(4) is amended to replace language referring to rendition of a dismissal with language referring to issuance of a disposition in describing procedures for serving fee motions.


Headnotes

[1] In proceedings where a court issues a disposition before the otherwise applicable deadline for filing a motion for attorneys' fees expires, a motion for attorneys' fees m…

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Facts & Procedural History

The Florida Bar's Appellate Court Rules Committee filed a report proposing amendments to rule 9.400, the Court published the proposed amendments, and …

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Opinion of the Court

Supreme Court of Florida

No. SC2026-0579

IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE

PROCEDURE 9.400.

October 1, 2026

PER CURIAM.

The Florida Bar's Appellate Court Rules Committee filed a report proposing amendments to Florida Rule of Appellate Procedure 9.400 (Costs and Attorneys' Fees).1 Having considered the Committee's proposal, we hereby adopt the amendments to rule 9.400 as proposed.

Subdivision (b)(4) of rule 9.400 currently describes the procedures by which fee motions are to be served “in proceedings in which the court renders an order of dismissal.” This subdivision is amended to replace current language that refers to rendition of a

1. We have jurisdiction. Art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).

dismissal with language referring to issuance of a disposition.

The Court hereby amends the Florida Rules of Appellate Procedure as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments become effective January 1, 2027, at 12:01 a.m.

It is so ordered.

COURIEL, C.J., and LABARGA, MUÑIZ, GROSSHANS, FRANCIS, BARRIOS, and TANENBAUM, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Footnotes
1 We published the proposed amendments and received no comments.

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