Associate Attorney
In Fisher v. Housing Authority of the City of Key West, 50 Fla. L. Weekly D2530 (Fla. 1st DCA 2025), the First District Court of Appeal addressed a procedural trap that can quietly end an appeal before it begins: in summary eviction cases, statutory deadlines control—even when they conflict with the Florida Rules of Civil Procedure.
The case arose from a month-to-month tenancy. After the Housing Authority served a notice of termination and the tenant failed to vacate, the Housing Authority filed a summary eviction action under Florida’s expedited eviction statutes. The trial court entered final judgment in favor of the Housing Authority and gave the tenant additional time to vacate.
Instead of immediately appealing, the tenant filed a motion for rehearing more than five days after entry of the final judgment, but within the timeframe that would ordinarily be permitted under Florida Rule of Civil Procedure 1.530. The trial court denied the rehearing motion. The tenant then filed a notice of appeal within 30 days of the rehearing denial—but more than 30 days after the original final judgment.
The Housing Authority moved to dismiss the appeal for lack of jurisdiction. The First DCA agreed and dismissed the appeal.
The appellate court explained that summary eviction proceedings are governed by section 51.011, Florida Statutes, which establishes an expedited procedural framework. That statute expressly provides that motions for rehearing or new trial must be filed within five days of the judgment. While the Florida Rules of Civil Procedure generally allow a longer period for rehearing motions, the statute controls when it supplies a different procedure.
Because the tenant’s rehearing motion was not filed within the five-day statutory window, it was unauthorized and untimely, and therefore did not toll rendition of the final judgment. As a result, the deadline to appeal ran from the original judgment—not from the rehearing denial—and the notice of appeal was late.
Practice pointers
Do not assume the civil rules always apply. In expedited proceedings like summary evictions, statutes may impose shorter and stricter deadlines.
Check tolling carefully before relying on rehearing motions. An untimely or unauthorized rehearing motion will not extend the appeal deadline.
Statutory language controls when there is a conflict. Section 51.011 expressly states that general procedural rules apply only when the statute does not provide otherwise.
For eviction defense, speed matters. Delay—even procedural delay—can be jurisdictional and fatal to appellate review.
Takeaway: In summary eviction cases, the clock moves faster than in ordinary civil litigation. If a statute sets a different deadline, that deadline governs—even if the Florida Rules would otherwise allow more time.
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