In Re: Amendments to Florida Rule of Appellate Procedure 9.400
CourtSupreme Court of Florida
Date FiledOctober 1, 2026
DocketSC2026-0579
StatusPublished
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Full Opinion
Supreme Court of Florida
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No. SC2026-0579
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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 We published the
proposed amendments and received no comments. 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.
Original Proceeding – Florida Rules of Appellate Procedure
Hon. Carrie Ann Wozniak, Chair, Appellate Court Rules Committee,
Lakeland, Florida, Dwayne Antonio Robinson, Past Chair, Appellate
Court Rules Committee, Miami, Florida, Joshua E. Doyle, Executive
Director, The Florida Bar, Tallahassee, Florida, and Heather Savage
Telfer, Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
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APPENDIX
RULE 9.400. COSTS AND ATTORNEYS’ FEES
(a) [No Change]
(b) Attorneys’ Fees. With the exception of motions filed
under rule 9.410(b), a motion for attorneys’ fees must state the
grounds on which recovery is sought and must be served not later
than:
(1) – (3) [No Change]
(4) in any proceedings in which the court renders an
order of dismissalissues a disposition before the otherwise
applicable deadline for filing a motion for attorneys’ fees has
expired, not later than 7 days after rendition of the order of
dismissalthe issuance of that disposition.
The assessment of attorneys’ fees may be remanded to the lower
tribunal. If attorneys’ fees are assessed by the court, the lower
tribunal may enforce payment.
(c) [No Change]
Committee Notes
1977 Amendment - 2018 Amendment. [No Change]
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