Chapter 19-9 Rehearing and Clarification
19-9 Rehearing and Clarification
When an appellate court renders its decision, such a ruling it is not final until a mandate is issued 15 days following the issuance of the ruling.106 During that 15 day period, either party may seek rehearing or clarification.107 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.108 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.109 A motion for clarification must state with particularity the points of law or facts that the movant believes are in need of clarification.110
If a motion seeking rehearing or clarification is filed, the party opposing the motion may file a response within 5 days.111 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.112
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Notes:
[106] Fla. R. App. P. 9.340(a).
[107] Fla. R. App. P. 9.330(a)(1).
[108] 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.").
[109] Fla. R. App. P. 9.330(a)(2)(A).
[110] Fla. R. App. P. 9.330(a)(2)(B).
[111] Fla. R. App. P. 9.330(a)(3).
[112] Fla. R. App. P. 9.330(b).
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Request your trial- Florida Foreclosure Law 2022
- Chapter 19 Appeals
- CHAPTER 19 Appeals
- Chapter 19-1 Introduction
- Chapter 19-2 Initiating an Appeal
- Chapter 19-3 Preservation of Error
- Chapter 19-4 Appeals Used in Foreclosure Proceedings
- Chapter 19-5 Stay of Action Pending Appeal
- Chapter 19-6 Standards of Review
- Chapter 19-7 Oral Argument
- Chapter 19-8 Attorneys' Fees on Appeal
- Chapter 19-9 Rehearing and Clarification
- Chapter 19-10 Supreme Court Jurisdiction
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