Florida Rule of Criminal Procedure 3.050 - ENLARGEMENT OF TIME | Syfert Law

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Florida Rule of Criminal Procedure 3.050

RULE 3.050. ENLARGEMENT OF TIME

When by these rules or by a notice given thereunder or by
order of court an act is required or allowed to be done at or within a
specified time, the court for good cause shown may, at any time, in
its discretion (1) with or without notice, order the period enlarged if
a request therefor is made before the expiration of the period
originally prescribed or extended by a previous order or (2) upon
motion made and notice after the expiration of the specified period,
permit the act to be done when the failure to act was the result of
excusable neglect; but it may not, except as provided by statute or
elsewhere in these rules, extend the time for making a motion for
new trial, for taking an appeal, or for making a motion for a
judgment of acquittal.

Committee Notes

1968 Adoption. Taken from the Florida Rules of Civil
Procedure.

1972 Amendment. Same as prior rule.

Cases Citing Rule 3.050

Total Results: 50

In Re Florida Rules of Criminal Procedure

272 So. 2d 65

Supreme Court of Florida | Filed: Jan 29, 1973 | Docket: 1755077

Cited 102 times | Published

the computation. Committee Note: Same as prior rule. 3.050. ENLARGEMENT OF TIME. When by these rules or

Category: Criminal Procedure

Amend. to Fla. Rules of Appellate Proc.

685 So. 2d 773, 1996 WL 673822

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 1414934

Cited 65 times | Published

motions for poet conviction relief under Fla.R.Crim.P. 3.050 are governed by Fla.R.App.P. 9.140

Category: Criminal Procedure

Paul A. Howell v. James v. Crosby

415 F.3d 1250, 2005 WL 1554202

Court of Appeals for the Eleventh Circuit | Filed: Jul 6, 2005 | Docket: 398383

Cited 35 times | Published

(distinguishing motions for extensions of time, under Fla. R.Crim. P. 3.050, and those for postconvietion relief, under

Category: Criminal Procedure

State v. Terry

336 So. 2d 65

Supreme Court of Florida | Filed: Apr 22, 1976 | Docket: 2521736

Cited 30 times | Published

devoid of mandatory language ("shall" or "must"): Rule 3.050, Enlargement of Time; Rule 3.120, Committing

Category: Criminal Procedure

State v. Boyd

846 So. 2d 458, 2003 WL 1883709

Supreme Court of Florida | Filed: Apr 17, 2003 | Docket: 2518123

Cited 28 times | Published

Instead, we find that the plain language of rule 3.050 allows for extensions of the deadline. That rule

Category: Criminal Procedure

Moya v. State

668 So. 2d 279, 1996 WL 65778

District Court of Appeal of Florida | Filed: Feb 16, 1996 | Docket: 2589578

Cited 20 times | Published

party's motion for enlargement of time under rule 3.050 in order to review a timely-filed rule 3.800(b)

Category: Criminal Procedure

Abreu v. State

660 So. 2d 703, 1995 WL 555312

Supreme Court of Florida | Filed: Sep 21, 1995 | Docket: 1755946

Cited 17 times | Published

We see no *705 reason why the provisions of rule 3.050 should not be applied to rule 3.800. We hold

Category: Criminal Procedure

Davis v. State

745 So. 2d 499, 1999 WL 1049372

District Court of Appeal of Florida | Filed: Nov 22, 1999 | Docket: 2383409

Cited 16 times | Published

and extended the time as requested. See Fla. R. Crim P. 3.050. Appellant filed his motion on March 24

Category: Criminal Procedure

Smith v. State

471 So. 2d 1347, 10 Fla. L. Weekly 1616

District Court of Appeal of Florida | Filed: Jun 26, 1985 | Docket: 1724548

Cited 12 times | Published

sentence, and the First District, referring to Rule 3.050 of the Florida *1349 Rules of Criminal Procedure

Category: Criminal Procedure

McGuire v. State

779 So. 2d 571, 2001 WL 98560

District Court of Appeal of Florida | Filed: Feb 7, 2001 | Docket: 420223

Cited 9 times | Published

does not distinguish it from most other rules. Rule 3.050 authorizes a trial court to extend the time for

Category: Criminal Procedure

Brantley v. Holloway

685 So. 2d 31, 1996 WL 691384

District Court of Appeal of Florida | Filed: Dec 4, 1996 | Docket: 1735120

Cited 9 times | Published

not request an enlargement of time pursuant to rule 3.050. In Moya v. State, 668 So.2d 279 (Fla. 2d DCA

Category: Criminal Procedure

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

Saturday, Sunday, and legal holiday exception. RULE 3.050. ENLARGEMENT OF TIME When by these rules or by

Category: Criminal Procedure

Parker v. State

907 So. 2d 694, 2005 WL 1812802

District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 459445

Cited 7 times | Published

relief under rule 3.850. The supreme court applied rule 3.050 even though rule 3.850(b) contained specific

Category: Criminal Procedure

Davis v. State

887 So. 2d 1286, 2004 WL 2609304

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 466632

Cited 7 times | Published

Fourth District Courts of Appeal have held that rule 3.050 applies to rule 3.800(b) in certain circumstances

Category: Criminal Procedure

Schlabach v. State

37 So. 3d 230, 35 Fla. L. Weekly Supp. 263, 2010 Fla. LEXIS 799, 2010 WL 1994636

Supreme Court of Florida | Filed: May 20, 2010 | Docket: 1668894

Cited 6 times | Published

sentencing discretion. Fla. R.Crim. P. 3.800(c). Rule 3.050 (Enlargement of Time) provides an avenue for

Category: Criminal Procedure

Timmer v. State

840 So. 2d 1160, 2003 WL 1566593

District Court of Appeal of Florida | Filed: Mar 28, 2003 | Docket: 1748338

Cited 6 times | Published

ruling on a timely filed 3.800 motion. No formal rule 3.050 motion for enlargement of time needs to be filed

Category: Criminal Procedure

Gary v. State

5 So. 3d 713, 2009 Fla. App. LEXIS 1094, 2009 WL 331017

District Court of Appeal of Florida | Filed: Feb 12, 2009 | Docket: 1202183

Cited 5 times | Published

State v. Boyd, 846 So.2d 458 (Fla.2003), that rule 3.050 authorizes the granting of such an extension

Category: Criminal Procedure

McCormick v. State

961 So. 2d 1099, 2007 WL 2188265

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 468676

Cited 5 times | Published

not request an enlargement of time pursuant to rule 3.050. Id. at 32. More recently, however, we ruled

Category: Criminal Procedure

Graham v. State

24 So. 3d 781, 2009 Fla. App. LEXIS 20567, 2009 WL 5150303

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1648858

Cited 4 times | Published

no formal motion for enlargement of time under rule 3.050 was required when the scheduling of the hearing

Category: Criminal Procedure

Cunniff v. State

950 So. 2d 1255, 2007 WL 777442

District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 1752115

Cited 4 times | Published

not request an enlargement of time pursuant to rule 3.050." Id. We acknowledged that a trial court may

Category: Criminal Procedure

State v. Paulino

696 So. 2d 425, 1997 WL 355126

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1325792

Cited 4 times | Published

did not ask for an enlargement of time under rule 3.050, but instead asked for a continuance. Still,

Category: Criminal Procedure

State v. Paulino

696 So. 2d 425, 1997 WL 355126

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1325792

Cited 4 times | Published

did not ask for an enlargement of time under rule 3.050, but instead asked for a continuance. Still,

Category: Criminal Procedure

State v. Golden

382 So. 2d 815

District Court of Appeal of Florida | Filed: Apr 14, 1980 | Docket: 2574241

Cited 4 times | Published

he could enter the order modifying sentence. Rule 3.050, Fla. R.Crim.P. AFFIRMED. ROBERT P. SMITH, Jr

Category: Criminal Procedure

Ghent v. State

27 So. 3d 121, 2010 Fla. App. LEXIS 141, 2010 WL 99121

District Court of Appeal of Florida | Filed: Jan 13, 2010 | Docket: 1664932

Cited 2 times | Published

846 So.2d 458, 460 (Fla.2003); see also Fla. R.Crim. P. 3.050(1) (2006). "Good cause" means "a substantial

Category: Criminal Procedure

Reeves v. State

23 So. 3d 1263, 2009 Fla. App. LEXIS 20399, 2009 WL 5126522

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 1181543

Cited 2 times | Published

as a stipulated motion and order, pursuant to Rule 3.050, Fla. R.Crim. P., to enlarge the sixty day time

Category: Criminal Procedure

Whittey v. State

965 So. 2d 362, 2007 WL 2811834

District Court of Appeal of Florida | Filed: Sep 28, 2007 | Docket: 1509178

Cited 2 times | Published

postconviction court's denial of his motion. *364 Under rule 3.050, the postconviction court has discretion to act

Category: Criminal Procedure

Nguyen v. State

868 So. 2d 666, 2004 WL 587727

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1275501

Cited 2 times | Published

good cause shown, may extend the time. See Fla. R.Crim. P. 3.050; State v. Boyd, 846 So.2d 458 (Fla. 2003)

Category: Criminal Procedure

Robertson v. State

138 So. 3d 1140, 2014 WL 2006667, 2014 Fla. App. LEXIS 7340

District Court of Appeal of Florida | Filed: May 16, 2014 | Docket: 60240502

Cited 1 times | Published

filed a motion for enlargement of time. See Fla. R.Crim. P. 3.050. Instead, the circuit court summarily dismissed

Category: Criminal Procedure

Suarez v. State

8 So. 3d 1226, 2009 Fla. App. LEXIS 3818, 2009 WL 1139410

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 2546106

Cited 1 times | Published

rule 3.850 motion may be extended under rule 3.050. Under rule 3.050(1), the time period may be enlarged

Category: Criminal Procedure

Zito v. State

990 So. 2d 1257, 2008 WL 4366109

District Court of Appeal of Florida | Filed: Sep 26, 2008 | Docket: 2566047

Cited 1 times | Published

allegation that might extend the period. See Fla. R.Crim. P. 3.050; State v. Boyd, 846 So.2d 458, 459-60 (Fla

Category: Criminal Procedure

Quarterman v. State

876 So. 2d 7, 2004 WL 874918

District Court of Appeal of Florida | Filed: Apr 26, 2004 | Docket: 1240412

Cited 1 times | Published

the rules of criminal procedure are governed by rule 3.050, which does not authorize motions for rehearing

Category: Criminal Procedure

Jason Archibald v. State of Florida

District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69393194

Published

extension within the time for filing. See Fla. R. Crim P. 3.050(2); Fla. R. Crim. P. 3.850(f)(2). We also

Category: Criminal Procedure

Mattice v. State of Florida

District Court of Appeal of Florida | Filed: Sep 6, 2024 | Docket: 69135340

Published

Mattice's rule 3.800(b) motion. See Fla. R. Crim. P. 3.050 ("When by these rules . . . an act

Category: Criminal Procedure

In Re: Amendments to Florida Rule of Criminal Procedure 3.210

Supreme Court of Florida | Filed: Sep 5, 2024 | Docket: 69131362

Published

amending Florida Rule of 2. See Fla. R. Crim. P. 3.050 (Enlargement of Time).

Category: Criminal Procedure

McCloud v. Clerk of Court

255 So. 3d 833

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 64689436

Published

a motion for postconviction relief. See Fla. R. Crim. P. 3.050. All filings in this Fifth District Court

Category: Criminal Procedure

STATE OF FLORIDA v. TASHANE M. CHANTILOUPE

248 So. 3d 1191

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061984

Published

ed exceptions. Our supreme court has applied Rule 3.050 to extend deadlines in other rules not specifically

Category: Criminal Procedure

Angela Rosario v. State

165 So. 3d 672, 2015 Fla. App. LEXIS 175, 2015 WL 71820

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621575

Published

695 (Fla. 4th DCA 2005) (explaining that under rule 3.050, a party seeking an extension of time after the

Category: Criminal Procedure

Thompson v. State

136 So. 3d 1270, 2014 WL 1622048, 2014 Fla. App. LEXIS 5970

District Court of Appeal of Florida | Filed: Apr 23, 2014 | Docket: 60239960

Published

time to file his rule 3.850 motion. See Fla. R.Crim. P. 3.050. The forty-fifth day following this order

Category: Criminal Procedure

Roland v. State

120 So. 3d 103, 2013 WL 4081243, 2013 Fla. App. LEXIS 12625

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233864

Published

DCA 2013) ("A postconviction court may, under rule 3.050, extend the two-year rule 3.850 deadline 'for

Category: Criminal Procedure

Petit-Frere v. State

108 So. 3d 681, 2013 WL 561460, 2013 Fla. App. LEXIS 2402

District Court of Appeal of Florida | Filed: Feb 15, 2013 | Docket: 60229199

Published

postconviction court may, under rule 3.050, extend the two-year rule 3.050 deadline “for good cause shown

Category: Criminal Procedure

Negron v. State

36 So. 3d 934, 2010 Fla. App. LEXIS 8697, 2010 WL 2468091

District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 165172

Published

in which he could amend his claims. See Fla. R.Crim. P. 3.050. According to Mr. Negron, he gave it to

Category: Criminal Procedure

Higgins v. State

37 So. 3d 913, 2010 Fla. App. LEXIS 7659, 2010 WL 2178767

District Court of Appeal of Florida | Filed: Jun 2, 2010 | Docket: 2518976

Published

time limit of Rule 3.850(b) by application of Rule 3.050(2). See Parker v. State, 907 So.2d 694 (Fla.

Category: Criminal Procedure

Smith v. State

17 So. 3d 764, 2009 Fla. App. LEXIS 10543, 2009 WL 2342933

District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 60249242

Published

PER CURIAM. DISMISSED. See Fla. R.Crim. P. 3.050 (excepting the time for making a motion for new trial

Category: Criminal Procedure

Castrillon v. State

8 So. 3d 1223, 2009 Fla. App. LEXIS 3822, 2009 WL 1139415

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 1654531

Published

if necessary, for good cause shown. See Fla. R.Crim. P. 3.050; Rodriques v. State, 980 So.2d 1203, 1204

Category: Criminal Procedure

Green v. State

956 So. 2d 493, 2007 Fla. App. LEXIS 5413, 2007 WL 1094132

District Court of Appeal of Florida | Filed: Apr 13, 2007 | Docket: 64850670

Published

PER CURIAM. DISMISSED. See Fla. R.Crim. P. 3.050. ALLEN, WEBSTER, and ROBERTS, JJ., concur.

Category: Criminal Procedure

Davis v. State

868 So. 2d 647, 2004 Fla. App. LEXIS 3511, 2004 WL 535092

District Court of Appeal of Florida | Filed: Mar 18, 2004 | Docket: 64828993

Published

the trial court could grant an extension under rule 3.050 if the request was made within the- 60-day period

Category: Criminal Procedure

Boyd v. State

801 So. 2d 116, 2001 Fla. App. LEXIS 15080, 2001 WL 1267457

District Court of Appeal of Florida | Filed: Oct 24, 2001 | Docket: 64810557

Published

specially. I concur in Judge Klein’s conclusion that rule 3.050 may be used to extend the 2-year deadline for

Category: Criminal Procedure

Ross v. Rhodes Furniture Inc.

Court of Appeals for the Eleventh Circuit | Filed: Jul 20, 1998 | Docket: 1231295

Published

as a matter of law under Rule 3 50(b). Rhodes also moved for

Category: Criminal Procedure

Sullivan v. State

677 So. 2d 68, 1996 Fla. App. LEXIS 7602, 1996 WL 390875

District Court of Appeal of Florida | Filed: Jul 15, 1996 | Docket: 64766242

Published

party’s motion for enlargement of time under Rule 3.050, Fla.R.Crim.P. in order to review a timely filed

Category: Criminal Procedure

Rowls v. Crusoe

463 So. 2d 237, 1984 Fla. App. LEXIS 14897

District Court of Appeal of Florida | Filed: Aug 22, 1984 | Docket: 64609837

Published

assignment as falling within the term “temporary” in Rule 3.050(b)(4), and (2) noted that there is nothing in

Category: Criminal Procedure