Florida Statutes

Fla. Stat. § 43.44 (2025)

Mandate of an appeals court.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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43.44 Mandate of an appeals court.—An appellate court may, as the circumstances and justice of the case may require, reconsider, revise, reform, or modify its own opinions and orders for the purpose of making the same accord with law and justice. Accordingly, an appellate court may recall its own mandate for the purpose of allowing it to exercise such jurisdiction and power in a proper case. A mandate may not be recalled more than 120 days after it has been issued.

History.—s. 10, ch. 2013-25.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 2013–2024 · leading case: Ardis v. Pensacola State Coll., 128 So. 3d 260 (Fla. 1st DCA 2013).

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Ardis v. Pensacola State Coll., 128 So. 3d 260 (Fla. 1st DCA 2013). · cites it 4× “See § 43.44, Fla. Stat. (2013) ("A mandate may not be recalled more than 120 days after it has been issued.”

Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019). · cites it 4× “See § 43.44, Fla. Stat. (2018) (“An appellate court may, as the circumstances and justice of the case may require, reconsider, revise, reform, or modify its own opinions and orders for the purpose of making the same accord with law and justice.”

Marie Ann Glass v. Nationstar Mortg., LLC, etc., 268 So. 3d 676 (Fla. 2019). · cites it 2× “See § 43.44, Fla. Stat. (2018) ("An appellate court may, as the circumstances and justice of the case may require, reconsider, revise, reform, or modify its own opinions and orders for the purpose of making the same accord with law and justice.”

In re Amendments to the Florida Rules of Jud. Admin. & the Florida Rules of Appellate Procedure, 125 So. 3d 743 (Fla. 2013). · cites it 5× “We have jurisdiction 1 and adopt the proposed amendments to the rules and also amend the titles of the rules. According to the Committees’ report, the amendments are in response to chapter 2013-25, section 10, Laws of Florida, which created section 43.”

Am. Federated Title Corp. v. Gross, 224 So. 3d 301 (Fla. 4th DCA 2017). · cites it 2× “Shortly thereafter, on August 20, 2015, American Federated filed with this Court its motion to recall mandate pursuant to section 43.44 of the Florida Statutes and Florida Rule of Appellate Procedure 9.”

John Calvin German v. State of Florida (Fla. 4th DCA 2024). · cites it 2× “3d at 933 (citing § 43.44, Fla. Stat. (2019) and Fla. R. App.”

Chiropractic Clinics of South Florida v. the Responsive Auto Ins. Co., 250 So. 3d 729 (Fla. 3d DCA 2018). “340(a), promulgated pursuant to section 43.44 of the Florida Statutes, provides that an appellate court may recall its mandate within one hundred twenty days of its issuance.”

State of Florida v. Bessman Okafor (Fla. 2020). “Section 43.44, Florida Statutes (2019), says that an appellate court’s mandate “may not be recalled more than 120 days after it has been issued.”

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