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How many days the thrid court of appeal has to answer a motion

Customer Question

How many days the thrid court of appeal has to answer a motion for clarification?
Submitted: 4 years ago.
Category: Legal
Expert:  Lawdoctor replied 4 years ago.
DearCustomer

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

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There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!


The Florida District Court of Appeals does not have a time certain to respond to motions, however, it must address motions of appellants within a reasonable time. You as an appellant, do have time limitations, please see the FRAP:

RULE 9.330. REHEARING; CLARIFICATION; CERTIFICATION
(a) Time for Filing; Contents; Response. A motion for rehearing, clarification, or certification may be filed
within 15 days of an order or within such other time set by the court. A motion for rehearing shall state with
particularity the points of law or fact that, in the opinion of the movant, the court has overlooked or misapprehended
in its decision, and shall not present issues not previously raised in the proceeding. A motion for clarification shall
state with particularity the points of law or fact in the court’s decision that, in the opinion of the movant, are in need
of clarification. A response may be served within 10 days of service of the motion. When a decision is entered
without opinion, and a party believes that a written opinion would provide a legitimate basis for supreme court
review, the motion may include a request that the court issue a written opinion. If such a request is made by an
attorney, it shall include the following statement:
I express a belief, based upon a reasoned and studied professional judgment, that a written opinion will provide
a legitimate basis for supreme court review because (state with specificity the reasons why the supreme court
would be likely to grant review if an opinion were written).
s/______________________________
Attorney for______________________
(Name of party)
_______________________________
_______________________________
_______________________________
(address and phone number)
_______________________________
(Florida Bar number)
(b) Limitation. A party shall not file more than 1 motion for rehearing or for clarification of decision and 1
motion for certification with respect to a particular decision.
(c) Exception;
Bond Validation Proceedings. A motion for rehearing or for clarification of a decision in proceedings for the validation of bonds or certificates of indebtedness as provided by rule 9.030(a)(1)(B)(ii) may be
filed within 10 days of an order or within such other time set by the court. A reply may be served within 5 days of
service of the motion. The mandate shall issue forthwith if a timely motion has not been filed. A timely motion shall
receive immediate consideration by the court and, if denied, the mandate shall issue forthwith.
(d) Exception; Review of District Court Decisions. No motion for rehearing may be filed in the supreme court
addressed to the grant or denial of a request for the court to exercise its discretion to review a decision described in
rule 9.120, or addressed to the dismissal of a petition for an extraordinary writ described in rule 9.100(a) when such
writ is used to seek review of a district court decision without opinion.
Committee Notes
1977 Amendment. This rule replaces former rule 3.14. Rehearing now must be sought by motion, not by petition. The motion must be filed
within 15 days of rendition and a response may be served within 10 days of service of the motion. Only 1 motion will be accepted by the clerk.
Re-argument of the issues involved in the case is prohibited.
Subdivision (c) provides expedited procedures for issuing a mandate in bond validation cases, in lieu of those prescribed by rule 9.340.
Subdivision (d) makes clear that motions for rehearing or for clarification are not permitted as to any decision of the supreme court granting or
denying discretionary review under rule 9.120.
2000 Amendment. The amendment has a dual purpose. By omitting the sentence “The motion shall not re-argue the merits of the court’s
order,” the amendment is intended to clarify the permissible scope of motions for rehearing and clarification. Nevertheless, the essential purpose
of a motion for rehearing remains the same. It should be utilized to bring to the attention of the court points of law or fact that it has overlooked or
misapprehended in its decision, not to express mere disagreement with its resolution of the issues on appeal. The amendment also codifies the
decisional law’s prohibition against issues in post-decision motions that have not previously been raised in the proceeding.
2002 Amendment. The addition of the language at the end of subdivision (a) allows a party to request the court to issue a written opinion that
would allow review to the supreme court, if the initial decision is issued without opinion. This language is not intended to restrict the ability of
parties to seek rehearing or clarification of such decisions on other grounds.
_______________

From a practical standpoint, you can expect a ruling within 6 -9 months on a civil case. However, it could occur sooner. Please realize that the Court is mandated to handle all criminal appeals first before addressing civil issues, so civil appeals can take a very long time. In my experience, a ruling on appeal will generally take a year from the filing of the last briefs.

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Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

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