CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1989 WL 81236
...tion was a legal holiday within the meaning of that rule. Appellant argues that Flack makes clear that the term "legal holiday" as used in Rule 1.090(a) is to be interpreted solely by reference to the statutory definition of "legal holiday" found in section 683.01, Florida Statutes (1987). Since section 683.01 does not list the Friday after Thanksgiving as a legal holiday, appellant says that the motion should have been filed on or before that date....
...These provisions are consistent with section
110.117(1)(g), Florida Statutes (1987), which defines "paid holidays" for state employees, and lists the "Friday after Thanksgiving" as a paid holiday to be "observed by all state branches and agencies." Section
683.01, Florida Statutes (1987), defines "legal holidays" in the sense of "public holidays" and sets Thanksgiving day as "the fourth Thursday in November"; but it is silent as to the Friday following Thanksgiving. The apparent inconsistency between section
683.01 and both section
110.117(1)(g) and section 4.07A of the supreme court's manual does not require a construction of rule 1.090(a) as embracing only the legal holidays described in section
683.01....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...urt to keep up with time running out under the speedy trial rule. October 27, the 180th day, was a federal holiday, Veteran's Day, and was observed by federal offices. The Florida Legislature has officially designated Veteran's Day as November 11 by § 683.01(1), Florida Statutes....
...It provides that "the last day of the period so computed shall be counted, unless it is Saturday, Sunday or a legal holiday, in which event the period shall run until the end of the next day which is either a Saturday, Sunday nor a legal holiday." § 683.01, Florida Statutes, prescribes the *701 legal holidays and it states in pertinent part as follows: "(1) The legal holidays, which are also public holidays, are the following: * * * * * * (m) Veteran's Day, November 11....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...s, Sundays and legal holidays shall be excluded in the computation." For Flack's protest to have been timely under this rule it is necessary to treat Friday, November 10, 1978, as a legal holiday (Veterans' Day). We find no basis for such treatment. Section 683.01(n), Florida Statutes (1977), provides that Veterans' Day shall be observed as a legal holiday on November 11....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1999 WL 22479
...n 7 days contained in rules 3.130, 3.132(a) and (c), and 3.133(a). The term "legal holiday" is not defined in the rules of criminal procedure, or in the rules of civil procedure, [1] and, in both the civil and criminal context, courts have turned to section
683.01, Florida Statutes, to determine the "legal holidays" within the meaning of the rule. See, e.g., Turner v. State,
382 So.2d 780 (Fla. 4th DCA 1980); State v. Jones,
332 So.2d 699 (Fla. 1st DCA 1976); City of St. Petersburg v. Department of Transportation,
276 So.2d 229 (Fla. 2d DCA 1973). Section
683.01 is contained in Title XXXIX, Commercial Relations, and designates certain days as legal holidays without stating the legal effect of the designation....
...In Turner, the district court ordered the discharge of the defendant, ruling that although the chief judge of the circuit had declared the Friday after Thanksgiving an "official holiday," the day was not a legal holiday within the meaning of rule 3.040, because the date was not designated in section 683.01. See also, Jones (affirming discharge of defendant because, although courthouse closed on 27 October, the federally designated Veteran's Day, section 683.01 designated 11 November as Veteran's Day); cf....
...a legal holiday as contemplated in the rule. That being so, Garber argued, both the day of the hearing and the day set for trial were untimely. The successor judge, feeling bound by Turner, discharged Garber. While we deem it problematic to refer to section 683.01, in the context of a court proceeding, we reverse because we hold that when the supreme court designates a holiday, it is a "legal holiday" for purposes of the rules of criminal procedure....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...2003 Revision: Committee notes revised. 2005 Revision: Subdivision (d) amended to clarify exception to mailing rule for service of formal notice and service in the manner provided for service of formal notice. Committee notes revised. Statutory References § 683.01, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...fore the expiration of the time allowed. Because the format of Rule 5.042(b) was substantially the same as the format of Rule 1.090(b), paragraph (b) is amended to conform for the sake of clarity. Committee notes revised. *509 Statutory References F.S. 683.01 Legal holidays....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...de before the expiration of the time allowed. Because the format of Rule 5.042(b) was substantially the same as the format of Rule 1.090(b), paragraph (b) is amended to conform for the sake of clarity. Committee notes revised. Statutory References F.S. 683.01 Legal holidays....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...notice or other paper on him and the notice or paper is served on him by mail, 5 days shall be added to the prescribed period. Committee Notes This rule is derived from Fla.R.Civ.P. 1.090. Rule History 1984 Revision: New rule. Statutory Reference F.S. 683.01 Legal holidays....
CopyPublished | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 3928, 1991 WL 66670
...ndays, and legal holidays. . Based on HRS’ argument, the amount of time a child could be held in nonsecure detention would also be unlimited. . R.L. was held in secure detention for thirty days, excluding Saturdays, Sundays and legal holidays. See § 683.01, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2002 WL 1396061
...atutes for an applicable list of legal holidays to cobble onto Florida Rule of Civil Procedure 1.090(a). Chapter 683, Florida Statutes (2001), contains a long list of "legal holidays" and many other days of recognition. The list of legal holidays in section 683.01(1), Florida Statutes (2001), includes Robert E....
...Because this case arises in Hillsborough County, it should be noted that Gasparilla Day and Parade Day are county-specific legal holidays. See §§
683.08, .12, Fla. Stat. (2001). [6] Whenever any of these days fall on a Sunday, the following Monday is a legal holiday. See §
683.01(2), Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...ision (b) is amended to conform for the sake of clarity. Committee notes revised. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. *1082 Statutory References § 683.01, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...2005 Revision: Subdivision (d) amended to clarify exception to mailing rule for service of formal notice and service in the manner provided for service of formal notice. Committee notes revised. 2008 Revision: Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
683.01, Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15882
...The trial court entered: (1) a judgment of guilty on both counts and (2) a concurrent eight year sentence on each count. This appeal followed. It appears that the 180th day for bringing appellant to trial fell on Thanksgiving Day, November 23, 1978. That day is a “legal holiday” according to Section 683.01, Florida Statutes (1977)....
...me begins to . run is not to be included. The last day of the period shall be counted, unless it is a Saturday, Sunday, or legal holiday, in which event the period extends to the following day, if it is neither a Saturday, Sunday, nor legal holiday. Section 683.01, Florida Statutes (1977), lists eighteen specific days as legal holidays, among which is “Thanksgiving Day, the fourth Thursday in November.” The following day is not among the days designated as a legal holiday....
...hanksgiving Day” and Friday after Thanksgiving.” Also throughout Chapter 683 other specific days are mentioned for special observance. Some of the days designated for special observance are legal holidays and some áre not. Resort must be had to Section 683.01 to determine which are legal holidays....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
Procedure 1.090(a), governed exclusively by section
683.01, Florida Statutes (1993)? In sum: 1. The 5
CopyPublished | Florida 4th District Court of Appeal | 1973 Fla. App. LEXIS 6912
that since Monday was a legal holiday under F.S. §
683.01(1) (g), F.S.A., its motion for rehearing was timely
