In re: Amendments to Florida Rule of Appellate Procedure 9.400 · No. SC2026-0579 (Fla.) · Decided October 1, 2026
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Starting January 1, 2027, when a Florida appellate court issues a disposition before the usual deadline for an appellate attorneys’ fee motion has run, a motion for appellate attorneys’ fees must be served not later than 7 days after that disposition is issued. The current rule applies that shortened deadline only when the court renders an order of dismissal. The Florida Supreme Court adopted the change on October 1, 2026.
What Changed
Rule 9.400(b) sets the deadlines for serving a motion for appellate attorneys’ fees, and it requires the motion to state the grounds on which recovery is sought. Motions filed under Rule 9.410(b) are excepted. Subdivision (b)(4) sets a shorter deadline when the court disposes of a case before the ordinary deadline has run.
Currently, subdivision (b)(4) applies “in any proceedings in which the court renders an order of dismissal” before the otherwise applicable fee-motion deadline has expired. In those cases, the motion must be served not later than 7 days after rendition of the order of dismissal.
As amended, subdivision (b)(4) applies in any proceedings in which the court “issues a disposition” before the otherwise applicable deadline has expired. The motion must be served “not later than 7 days after the issuance of that disposition.”
| Current rule | Effective Jan. 1, 2027 | |
|---|---|---|
| Trigger | Court renders an order of dismissal | Court issues a disposition |
| Deadline | 7 days after rendition of the order of dismissal | 7 days after issuance of the disposition |
The opinion describes the change only as replacing language that refers to rendition of a dismissal with language referring to issuance of a disposition. The rest of Rule 9.400 is unchanged.
How It Was Adopted
The Florida Bar’s Appellate Court Rules Committee proposed the amendment. The Court published it for comment, received no comments, and adopted it as proposed. All seven justices concurred. The amendment takes effect at 12:01 a.m. on January 1, 2027, and the Court stated that a motion for rehearing will not alter that effective date.
The Opinion
Read the full opinion (PDF, Florida Supreme Court)
| Court | Supreme Court of Florida |
| Case No. | SC2026-0579 |
| Rule | Fla. R. App. P. 9.400(b)(4) |
| Decided | October 1, 2026 |
| Effective | January 1, 2027, 12:01 a.m. |