On June 24, 2010, the Florida Supreme Court issued an opinion updating Rules 9.300, 9.400, and 9.410, Florida Rules of Appellate Procedure, in recognition that the procedure for filing a 57.105 Motion before the appellate courts was ambiguous. The Court noted, however, that the new procedure is to be followed for any motion for sanctions.
The new Rule 9.410 provides that a motion for sanctions must be served on the opposing party before the deadline for submitting a responsive paper or brief. If no responsive paper or brief is to be served to the challenged paper, then the deadline is 15 days from the date the challenged paper is served. As per 57.105, the motion for sanctions should be filed with the court 21 days after being served on the opposing party.
The rules have been updated to reflect the amendments.