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Fla. Prob. R. 5.100

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Rule 5.100 Right of Appeal

Part I: General

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Rule Text

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

Plain-English Summary (for reference only — not a substitute for the rule text above)

If you disagree with a court's final decision in a probate case, you have the right to appeal it. This means you can ask a higher court to review what the lower court decided.

Some decisions made during a case, before everything is finalized, can also be reviewed by a higher court. Whether that review is allowed depends on the rules that govern appeals in Florida. These are called the Florida Rules of Appellate Procedure, and they spell out the details of how and when appeals can be made.

Summary generated March 19, 2026

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 Citation form changes in committee notes. 1996 Revision: Superseded by Florida Rule of Appellate Procedure 9.110(a)(2). 2000 Revision: Rewritten because former rule was superseded.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

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