The Florida Supreme Court has made important changes to the rules governing costs and attorney fees in appellate cases. The court's decision, filed on October 1, 2026, amends Florida Rule of Appellate Procedure 9.400. This amendment will impact how attorney fees are handled in cases that are dismissed.
The changes are set to take effect on January 1, 2027, at 12:01 a.m. The court ruled that the amendments will streamline the process for filing motions for attorney fees, particularly in cases where a court issues a dismissal. The adjustments aim to clarify the language used in the rules and ensure that all parties understand the timeline for submitting fee motions.
Background
The Florida Bar’s Appellate Court Rules Committee proposed the amendments to Rule 9.400. This rule deals with costs and attorney fees in appellate proceedings. The committee submitted its report to the Florida Supreme Court, which published the proposed changes for public comment. However, no comments were received, indicating broad support or lack of concern from the legal community.
The dispute at hand revolves around the clarity of the language in the existing rule. The previous wording referred to the “rendition of a dismissal,” which the committee believed could cause confusion. The new language will refer to the “issuance of a disposition,” making it clearer when parties must act regarding attorney fees.
The Ruling
The Florida Supreme Court, in a per curiam opinion, has adopted the proposed amendments to Rule 9.400. The court stated, “Having considered the Committee’s proposal, we hereby adopt the amendments to rule 9.400 as proposed.” The court's decision reflects a consensus among the justices, as all members concurred with the ruling.
One significant change is found in subdivision (b)(4) of the rule. The court amended the language to clarify the timeline for filing motions for attorney fees. The new rule states that a motion for attorney fees must be filed “not later than 7 days after issuance of that disposition.” This change aims to provide clearer guidelines for litigants and their attorneys.
Impact
The amendments to Rule 9.400 are expected to have a significant impact on how attorney fees are handled in Florida appellate courts. By clarifying the timeline for filing motions, the changes could reduce confusion and disputes over attorney fees in cases that are dismissed.
This ruling may also set a precedent for how procedural rules are revised in the future. Clearer language in legal rules can help ensure that all parties involved in legal proceedings understand their rights and responsibilities, potentially leading to more efficient court processes.
What's Next
The amendments to Rule 9.400 are set to take effect on January 1, 2027. There is no indication that the ruling will be appealed, as it is a procedural amendment rather than a decision on a specific case. The court has also specified that the filing of a motion for rehearing will not alter the effective date of these amendments.