Reconsideration or rehearing: is there a difference?
Florida Bar Journal › Vol. 83 Nbr. 6, June 2009
Linked as:
Summary
Florida
See the full content of this document
Extract
Reconsideration or rehearing: is there a difference?
Ask any civil trial lawyer in Florida how many days one has to move for rehearing of an order simply granting a motion for summary judgment, and the odds are good the lawyer will respond, "Ten days." Pursue the matter further with the lawyer, and ask where this 10-day period is set forth in the Florida Rules of Civil Procedure, and the lawyer will invariably point to
Rule 1.530, which by its title governs motions for new trial and rehearing. Rule 1.530, however, provides that a motion for rehearing must be served no later than 10 days after "the date of filing of the judgment in a non-jury action." (1) An order simply granting a motion for summary judgment is not a final judgment; rather, it is a nonfinal order. (2) So, too, are myriad other orders entered by a trial court before final judgment. Attorneys in Florida nevertheless regularly file "motions for rehearing" directed to such nonfinal orders. Often they believe they must do so within 10 days. Sometimes they also believe that such a motion tolls the time to seek appellate review of the nonfinal order. Motions for rehearing of nonfinal orders are not authorized by the Florida Rules of Civil Pr...See the full content of this document
Sponsored links
