You won your case. The court entered a final judgment in your client’s favor.  Thirty days has passed since the final judgment was filed with the clerk of court.  The opposing party did not file a motion for rehearing or motion to alter or amend the judgment or any motion that would toll the time to file an appeal.  The opposing party did not file a notice of appeal. Your client is very happy with you.       

But you did not make sure that the final judgment was recorded in the official records.  Why does this matter?  By failing to ensure the final judgment is recorded, you have left open the opposing parties right to file a motion to alter or amend the judgment, which is a motion that tolls the time for an appeal.

Fla. R. Civ. P. 1.530(g) provides that a motion to alter or amend a final judgment be served not later than fifteen days after entry of the judgment.  Entry of the judgment refers to the date on which the judgment is recorded in the court’s official records.  See Fisher v. Fisher, 787 So. 2d 926 (Fla. 2d DCA 2001)(“Entry of judgment” in Fla. R. Civ. P. 1.530(g) is “the date on which the judgment is recorded in the court’s official records.”); Casto v. Casto, 404 So. 2d 1046 (Fla 1981)(“It is well settled that “entry of judgment”…means the recording of the judgment-the spreading of the judgment upon the court’s official records”). A motion to alter or amend the judgment is timely when it precedes the entry of judgment.  Fla. R. Civ. P. 1.530(g); S. Atl. Constr. Corp. v. First Corp., 419 So. 2d 729 (Fla. 4th DCA 1982)(Timely filed because served within 10 days from when the judgment was recorded, which was within 10 days from entry of judgment.); Hauss v. Waxman, 866 So. 2d 758 (Fla. 4th DCA 2004)(if treated as a motion to alter or amend the final judgment under rule 1.530(g), then the motion was timely filed because it preceded the entry of a final judgment).   Thus, if the final judgment is not recorded, the opposing party has an open ended right to pursue a motion to alter or amend the final judgment.

Oh no.  This is a motion that opens the door to an appeal.   Generally, a party has 30 days from rendition of the final judgment to file an appeal.  Fla. R. App. P. 9.110(b).  Rendition generally means from when the final judgment “is filed with the clerk of the lower tribunal.” Fla. R. App. P. 9.020(h).  However, the meaning of rendition changes when a motion to alter or amend is filed. See Fla. R. App. P. 9.020(h).  If an authorized and timely motion to alter or amend has been filed in the lower tribunal directed to a final judgment then the final judgment “shall not be deemed rendered as to any existing party until all of the motions are …resolved by the rendition of an order disposing of the last of such motions.”  Fla. R. App. P. 9.020(h). In other words, when a timely and authorized motion to alter or amend is filed, the opposing party’s time to file an appeal of the final judgment is different.  It is generally now 30 days from when the order disposing of said motion is filed with the clerk of court.  Thus, the door to an appeal of a final judgment, which was filed with the clerk of court more than 30 days prior, is no longer fully closed. Don’t make this mistake.  As soon as the court rules in your client’s favor make sure it is recorded in the official records. Don’t leave this loophole for your opposition.