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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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 | Sort by: Relevance | Newest First

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Ardis v. Pensacola State Coll., 128 So. 3d 260 (Fla. 1st DCA 2013).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2013 WL 6635719, 2013 Fla. App. LEXIS 19923

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

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Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019).

Cited 1 times | Published | Supreme Court of Florida

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

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In re Amendments to the Florida Rules of Jud. Admin. & the Florida Rules of Appellate Procedure, 125 So. 3d 743 (Fla. 2013).

Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 776, 2013 WL 5878859, 2013 Fla. LEXIS 2350

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

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State of Florida v. Bessman Okafor (Fla. 2020).

Published | Supreme Court of Florida

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

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Chiropractic Clinics of South Florida v. the Responsive Auto Ins. Co., 250 So. 3d 729 (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

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

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John Calvin German v. State of Florida (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

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

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John Calvin German v. State of Florida (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

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

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Am. Federated Title Corp. v. Gross, 224 So. 3d 301 (Fla. Dist. Ct. App. 2017).

Published | District Court of Appeal of Florida | 2017 WL 3161071, 2017 Fla. App. LEXIS 10648

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

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Marie Ann Glass v. Nationstar Mortg., LLC, etc., 268 So. 3d 676 (Fla. 2019).

Published | Supreme Court of Florida

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

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