Do Holidays Count When Meeting an Appeal Deadline in Florida?
Full Question:
Answer:
In Florida, legal holidays are not counted in computing time periods of more than 7 days if the holiday is the last day of the applicable time period.
Please see the following Florida Rule of Civil Procedure:
Rule 1.090. Time
(a) Computation. 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 shall not be included. The last day of the period so
computed shall be included unless it is a Saturday, Sunday,
or legal holiday, in which event the period shall run until
the end of the next day which is neither a Saturday, Sunday,
or legal holiday. When the period of time prescribed or
allowed is less than 7 days, intermediate Saturdays,
Sundays, and legal holidays shall be excluded in the
computation.
(b) Enlargement. When an act is required or allowed to
be done at or within a specified time by order of court, by
these rules, or by notice given thereunder, for cause shown
the court at any time in its discretion (1) with or without
notice, may order the period enlarged if request therefor is
made before the expiration of the period originally
prescribed or as extended by a previous order, or (2) upon
motion made and notice after the expiration of the specified
period, may permit the act to be done when failure to act
was the result of excusable neglect, but it may not extend
the time for making a motion for new trial, for rehearing,
or to alter or amend a judgment; making a motion for relief
from a judgment under rule 1.540(b); taking an appeal or
filing a petition for certiorari; or making a motion for a
directed verdict.
(c) Unaffected by Expiration of Term. The period of
time provided for the doing of any act or the taking of any
proceeding shall not be affected or limited by the continued
existence or expiration of a term of court. The continued
existence or expiration of a term of court in no way affects
the power of a court to do any act or take any proceeding in
any action which is or has been pending before it.
(d) For Motions. A copy of any written motion which
may not be heard ex parte and a copy of the notice of the
hearing thereof shall be served a reasonable time before the
time specified for the hearing.
(e) Additional Time after Service by Mail. When a
party has the right or is required to do some act or take
some proceeding within a prescribed period after the service
of a notice or other paper upon that party and the notice or
paper is served upon that party by mail, 5 days shall be
added to the prescribed period.