Florida Statute 43.44 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 43
COURTS: GENERAL PROVISIONS

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F.S. 43.44

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.

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Amendments to 43.44

Annotations, Discussions, Cases:

Cases Citing Statute 43.44

Total Results: 9

Ardis v. Pensacola State College

128 So. 3d 260, 2013 WL 6635719, 2013 Fla. App. LEXIS 19923

District Court of Appeal of Florida | Filed: Dec 17, 2013 | Docket: 60237055

Cited 3 times | Published

than 120 days after the mandate was issued. See § 43.44, Fla. Stat. (2013) ("A mandate may not be recalled

Orange County, Florida v. Rick Singh, etc.

268 So. 3d 668

Supreme Court of Florida | Filed: Apr 18, 2019 | Docket: 14958306

Cited 1 times | Published

this opinion is substituted in its place. See § 43.44, Fla. Stat. (2018) ("An appellate court may, as

John Calvin German v. State of Florida

District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68335766

Published

mandate issued. Okafor, 306 So. 3d at 933 (citing § 43.44, Fla. Stat. (2019) and Fla. R. App. P. 9.340(a))

John Calvin German v. State of Florida

District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68335766

Published

mandate issued. Okafor, 306 So. 3d at 933 (citing § 43.44, Fla. Stat. (2019) and Fla. R. App. P. 9.340(a))

State of Florida v. Bessman Okafor

Supreme Court of Florida | Filed: Nov 25, 2020 | Docket: 18690040

Published

But the law constrains our ability to do so. Section 43.44, Florida Statutes (2019), says that an appellate

Marie Ann Glass v. Nationstar Mortgage, LLC, etc.

268 So. 3d 676

Supreme Court of Florida | Filed: Apr 18, 2019 | Docket: 14958307

Published

opinion is substituted in its place. See § 43.44, Fla. Stat. (2018) ("An appellate court may, as

Chiropractic Clinics of South Florida v. the Responsive Auto Ins. Co.

250 So. 3d 729

District Court of Appeal of Florida | Filed: May 30, 2018 | Docket: 6958938

Published

Procedure 9.340(a), promulgated pursuant to section 43.44 of the Florida Statutes, provides that an appellate

American Federated Title Corp. v. Gross

224 So. 3d 301, 2017 WL 3161071, 2017 Fla. App. LEXIS 10648

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 6126101

Published

Court its motion to recall mandate pursuant to section 43.44 of the Florida Statutes and Florida Rule of

In re Amendments to the Florida Rules of Judicial Administration & the Florida Rules of Appellate Procedure

125 So. 3d 743, 38 Fla. L. Weekly Supp. 776, 2013 WL 5878859, 2013 Fla. LEXIS 2350

Supreme Court of Florida | Filed: Oct 31, 2013 | Docket: 60236061

Published

Laws of Florida, which created section 43.44, Florida Statutes. Section 43.44, which becomes effective on