RULE 9.340. MANDATE

(a) Issuance and Recall of Mandate. Unless otherwise
ordered by the court or provided by these rules, the clerk of the
court must issue such mandate or process as may be directed by
the court after expiration of 15 days from the date of an order or
decision. A copy thereof, or notice of its issuance, must be served
on all parties. The court may direct the clerk of the court to recall
the mandate, but not more than 120 days after its issuance.

(b) Extension of Time for Issuance of Mandate. Unless
otherwise provided by these rules, if a timely motion for rehearing,
clarification, certification, or issuance of a written opinion has been
filed, the time for issuance of the mandate or other process will be
extended until 15 days after rendition of the order denying the
motion, or, if granted, until 15 days after the cause has been fully
determined.

(c) Entry of Money Judgment. If a judgment of reversal is
entered that requires the entry of a money judgment on a verdict,
the mandate will be deemed to require such money judgment to be
entered as of the date of the verdict.

Committee Notes

1977 Amendment. This rule replaces former rule 3.15. The
power of the court to expedite as well as delay issuance of the
mandate, with or without motion, has been made express. That part
of former rule 3.15(a) regarding money judgments has been
eliminated as unnecessary. It is not intended to change the
substantive law there stated. The 15-day delay in issuance of
mandate is necessary to allow a stay to remain in effect for
purposes of rule 9.310(e). This automatic delay is inapplicable to
bond validation proceedings, which are governed by rule 9.330(c).

1984 Amendment. Subdivision (c) was added. It is a
repromulgation of former rule 3.15(a), which was deleted in 1977 as
being unnecessary. Experience proved it to be necessary.