IN RE FLORIDA APPELLATE RULES
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The Florida Supreme Court amended the Florida Appellate Rules to update the definition of 'Legal Holiday' and clarify the computation of time periods in appellate proceedings. This is a procedural rule amendment establishing standardized definitions and calculation methods for time limits in the state appellate system.
The Court amended Rule 1.3 to define 'Legal Holiday' to include specific federal and state holidays, election days, and any day when the clerk's office is officially closed by court order, plus Mondays following Sundays on which holidays fall. Rule 3.18 was amended to establish that the day from which a period begins is excluded, the last day is counted unless it falls on a Saturday, Sunday, legal holiday, or other day the clerk's office is closed, and when periods are less than seven days, intermediate Saturdays, Sundays, and holidays are excluded.
[1] Legal holidays include New Year's Day, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, General Election Day, s…
[2] A legal holiday includes any Monday immediately following a Sunday on which one of the enumerated holidays falls.
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Join FLexlaw to unlock all legal intelligence“In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run is not to be included.”
Establishes the foundational rule that the initial day is excluded from time period computations
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Join FLexlaw to unlock all legal intelligenceThe Florida Supreme Court issued an order amending the Florida Appellate Rules, 32 F.S.A., 1962 Revision. The amendments modified Rule 1.3 to provide …
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The Florida Appellate Rules, 32 F.S.A., 1962 Revision, as amended, are hereby amended in the following respects, viz:
Rule 1.3, eighth paragraph, is amended to read as follows:
“ ‘Legal Holiday’ means:
“(a) New Year’s Day, January 1;
“(b) Washington’s Birthday, the third Monday in February;
“(c) Good Friday;
“(d) Memorial Day, the last Monday in May;
“(e) Independence Day, July 4;
“(f) Labor Day, the first Monday in September ;
“(g) Columbus Day, the second Monday in October;
“(h) Veterans’ Day, November 11;
“(i) General Election Day;
“(j) Any state-wide primary election day;
“(k) Thanksgiving Day, the fourth Thursday in November;
“(1) Christmas Day, December 25;
“(m) Any other day that, pursuant to order of court, the clerk’s office of such court is officially closed;
“(n) Any Monday immediately following a Sunday upon which one of the foregoing holidays falls,”
Rule 3.18 is amended to read as follows:
“In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run is not to be included. The last day of the period so computed shall be counted, unless it is a Saturday, Sunday, legal holiday, or any other day that, pursuant to order of court, the clerk’s office of such court is officially closed, in which event the period shall run until the end of a next day which is neither a Saturday, Sunday, legal holiday, nor any other day that, pursuant to order of court, the clerk’s office of such court is officially closed. When the period of time prescribed or allowed shall be less than seven days, intermediate Saturdays, Sundays, legal holidays, and any other day that, pursuant to order of court, the clerk’s office of such court is officially closed shall be excluded in the computation. A half holiday shall be considered as any other day and not as a holiday. If an act be required to be performed on a day certain and such day falls on a Saturday, Sunday, legal holiday, or any other day that, pursuant to order of court, the clerk’s office of such court is officially closed, the act shall be performed on the next day which is neither a Saturday, Sunday, legal holiday, nor any other day that, pursuant to order of court, the clerk’s office of such court is officially closed.”
This amendment shall become effective immediately upon filing of this order. Proceedings commenced prior to the date of this order shall be governed by the rule as herein amended, unless prejudice be shown.
It is so ordered.
CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, BOYD and McCAIN, JJ., concur.