Chapter 18-9 Rehearing and Clarification

• Jurisdiction: United States

18-9 Rehearing and Clarification

When an appellate court renders its decision, such a ruling it is not final until a mandate is issued fifteen days following the issuance of the ruling.⁸¹ During that fifteen day period, either party may seek rehearing or clarification.⁸² However, litigants should be cautioned that rehearing and clarification are very rarely granted, and are not to be utilized as a vehicle to reargue the case or disagree with the ruling on appeal.⁸³ A motion for rehearing on appeal must state with particularity the points of law or fact that the court has overlooked or misapprehended it its decision.⁸⁴ A motion for clarification must state with particularity the points of law or facts that the movant believes are in need of clarification.⁸⁵

If a motion seeking rehearing or clarification is filed, the party opposing the motion may file a response within ten days.⁸⁶ No party may file more than one motion seeking rehearing or clarification in an appeal, so if one is warranted, all grounds for seeking relief must be articulated in the motion.⁸⁷

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Notes:

^[81] Fla. R. App. P. 9.340(a).

^[82] Fla. R. App. P. 9.330(a).

^[83] Elliott v. Elliott, 648 So. 2d 135, 135-36 (Fla. 4th DCA 1994) ("[D]isagreeing with the court's conclusion; rearguing matters already discussed in briefs and oral arguments and necessarily considered by the court; requesting the court to change its mind on matters already presented and argued; ventilating displeasure with the court's conclusion. These are the most common examples of abuse.").

^[84] Fla. R. App. P. 9.330(a).

^[85] Fla. R. App. P. 9.330(a).

^[86] Fla. R. App. P. 9.330(a).

^[87] Fla. R. App. P. 9.330(b).