Chapter 14-2 Rule 1.530 and Motions for Rehearing

• Jurisdiction: United States

14-2 Rule 1.530 and Motions for Rehearing

Rule 1.530, titled "Motions for New Trial and Rehearing; Amendments of Judgments," states:

(a) Jury and Non-Jury Actions. A new trial may be granted to all or any of the parties and on all or a part of the issues. On a motion for a rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.
(b) Time for Motion. A motion for new trial or for rehearing shall be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action. A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined.
(c) Time for Serving Affidavits. When a motion for a new trial is based on affidavits, the affidavits shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits.
(d) On Initiative of Court. Not iater than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party, the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party.
(e) When Motion Is Unnecessary; Non-Jury Case. When an action has been tried by the court without a jury, the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection thereto in the trial court or made a motion for rehearing, for new trial, or to alter or amend the judgment.
(f) Order Granting to Specify Grounds. All orders granting a new trial shall specify the specific grounds therefor. If such an order is appealed and does not state the specific grounds, the appellate court shall relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial.
(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be served not later than 15 days after entry of the judgment, except that this rule does not affect the remedies in rule 1.540(b).

14-2:1 Appellate Considerations

Effective January 1, 2015, the filing of a notice of appeal after a timely motion for rehearing has been filed is no longer deemed an abandonment of that post-judgment motion. Specifically, Rule 9.020(i)³ has been amended to eliminate the language providing that post-judgment motions are abandoned upon the filing of a notice of appeal. The amended rule allows an appeal to be held in abeyance until disposition of a post-judgment motion. Under Rule 9.110(l),⁴ premature appeals were previously subject to dismissal, but the amendment thereto added language recognizing the exception provided in Rule 9.020(i) and recognizing that the lower tribunal retains jurisdiction to render a final order. The amendment further provides that the court may allow the parties time to obtain a final order. The definition of "rendition" was also amended to reflect these changes.⁵

Rule 1.530 decisions are generally reviewed on appeal for abuse of discretion but can be reviewed de novo if they involve pure questions of law.⁶

The Florida Supreme Court resolved a split in the districts when it affirmed the 4th DCA's en banc opinion which held that a default judgment based on a complaint that fails to state a cause of action is not "void" but merely "voidable."⁷ A merely voidable judgment must be challenged on that ground, if at all, immediately in a motion for rehearing under Rule 1.530, or on appeal, and cannot be challenged under Rule 1.540(b)(4) as void.⁸ A judgment based on a complaint that fails to state a cause of action, where the party had notice of the proceedings and failed to address the issue, is merely "voidable" as opposed to "void".⁹ Therefore, a voidable judgment must be attacked, on the ground of failure to state a cause of action, by Rule 1.530 and/or appeal.

The current version of Rule 1.530(b) provides 15 days for service of a motion for rehearing.¹⁰ However, rehearing and appellate deadlines don't run from the date of entry or service of the order, but from "rendition of the order," that is, the date of the filing of the order by the court (and docketing by the clerk).¹¹ Most orders on motions for rehearing are not appealable independent of the underiying final order.¹²

14-2:2 General Considerations

A motion for rehearing under Rule 1.530 can be addressed to any final order or decree.¹³ The rule only applies to final orders.¹⁴ Where a party does not get proper notice on a motion, and the court grants a rehearing on that basis under Rule 1.530, any prior due process violation is cured.¹⁵

A foreclosure sale must be set aside if a timely motion for rehearing was pending at the time of the sale because such a motion suspends rendition of the final order.¹⁶

A motion for "rehearing" targeting a non-final order is more aptly called a motion for "reconsideration."¹⁷ Rule 1.530 motions for rehearing cannot be directed toward non-final orders such as an order granting a writ of possession.¹⁸ Motions for reconsideration apply to non-final, interlocutory orders, and are based on a trial court's 'inherent authority to reconsider and, if deemed appropriate, alter or retract any of its non-final rulings prior to entry of the final judgment or order terminating an action.¹⁹ Thus, a "motion for reconsideration" doesn't have an actual deadline and is more...