Florida Probate Rule 5.100

Right of Appeal

Text of the rules effective October 1, 2026.

Appeal of final orders and discretionary appellate review of non-final orders are governed by the Florida Rules of Appellate Procedure.

Notes

Committee Notes

For purposes of appellate review, the service of a motion for rehearing postpones rendition of final orders only. A motion for rehearing of a non-final order does not toll the running of the time to seek review of that order.

Rule History
1975
Same as prior rule 5.100 with editorial changes.
1977
Citation form change in committee note.
1988
Committee notes expanded. Citation form changes in rule and committee notes.
1992
Editorial changes. Citation form changes in committee notes.
1996
Superseded by Florida Rule of Appellate Procedure 9.110(a)(2).
2000
Rewritten because former rule was superseded. Revisions to committee notes to amend text and to include crossreferences to other rules.
2003
Committee notes revised.

References

Rule References

  • Fla. Prob. R. 5.020(d) Pleadings; verifications; motions.
  • Fla. R. App. P. 9.020(h) Definitions.
  • Fla. R. App. P. 9.110(a)(2), (b) Appeal proceedings to review final orders of lower tribunals and orders granting new trial in jury and non-jury cases.
  • Fla. R. App. P. 9.130(b) Proceedings to review non-final orders and specified final orders.