Rule 9.400 — Costs and Attorneys’ Fees

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(a) Costs. Costs shall be taxed in favor of the prevailing party unless the court orders otherwise. Taxable costs shall include

(1) fees for filing and service of process;
(2) charges for preparation of the record and any hearing or trial transcripts necessary to determine the proceeding;
(3) bond premiums; and
(4) other costs permitted by law.

Costs shall be taxed by the lower tribunal on a motion served no later than 45 days after rendition of the court’s order. If an order is entered either staying the issuance of or recalling a mandate, the lower tribunal is prohibited from taking any further action on costs pending the issuance of a mandate or further order of the court.

(b) Attorneys’ Fees. With the exception of motions filed pursuant to rule 9.410(b), a motion for attorneys’ fees shall state the grounds on which recovery is sought and shall be served not later than:

(1) in appeals, the time for service of the reply brief; or
(2) in original proceedings, the time for service of the petitioner’s reply to the response to the petition.

The assessment of attorneys’ fees may be remanded to the lower tribunal. If attorneys’ fees are assessed by the court, the lower tribunal may enforce payment.

(c) Review. Review of orders rendered by the lower tribunal under this rule shall be by motion filed in the court within 30 days of rendition.

Who Pays for the Appeal: This rule explains the procedures for asking for, and recovering, the costs and attorney's fees associated with an appeal.

(a) Costs:

Who Gets Them: The "prevailing party" (the winner of the appeal) is entitled to recover their costs.
What's Covered: Taxable costs include things like filing fees, the cost of preparing the record and transcripts, and premiums for any appeal bonds.
How to Get Them: The winning party must file a motion for costs in the **trial court** (not the appellate court) within **45 days** of the appellate court's decision.

(b) Attorneys’ Fees:

How to Ask: A party seeking attorney's fees must file a motion in the **appellate court**. The motion must state the legal basis for the fee request (e.g., a statute or contract).
Deadline: The motion must be filed by the time the party's last brief is due (usually the reply brief for an appellant).
Determining the Amount: The appellate court decides if a party is *entitled* to fees. It can then send the case back down to the trial court to hold a hearing and determine the actual dollar amount.

(c) Review: If a party disagrees with the trial court's order on the amount of costs or fees, they can ask the appellate court to review that specific order by filing a motion within 30 days.

Rule 9.400 — Costs and Attorneys’ Fees

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