Motion for Rehearing

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There is frequent confusion between a Motion for Rehearing and Motion for Reconsideration. Often times practitioners and judges use the terms interchangeably. Attorney James Wyman wrote a thorough article for the Florida Bar Journal that should dissuade anyone from making this mistake - Reconsideration or Rehearing: Is There a Difference.

The Florida Rules of Civil Procedure do not specifically authorize motions for rehearing directed to non-final orders. Rather, the court has inherent authority to reconsider and alter or retract nonfinal orders at any time prior to entry of final judgement. According to Wyman, all such motions should be considered Motions for Reconsideration.

In Circuit and County Court a Motion for Rehearing is made pursuant to Rule 1.530(b), which provides:

(b) Time for Motion. A motion for new trial or for rehearing shall be served not later than 10 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.

A Motion for Rehearing of a motion for relief from judgment does not stay time to file for appeal. Suntrust Bank, Inc. v. Hodges, 12 So.3d 1278 (Fla. 4th DCA July 22, 2009).

In the District Court of Appeal a motion for Rehearing is made pursuant to Rule 9.330, which provides, in pertinent part:

A motion for rehearing, clarification, or certification may be filed within 15 days of an order or within such other time set by the court. A motion for rehearing shall state with particularity the points of law or fact that, in the opinion of the movant, the court has overlooked or misapprehended in its decision, and shall not present issues not previously raised in the proceeding.

It is important to note that, whereas Rule 1.530(b) provides a ten day deadline for serving the Motion for Rehearing, Rule 9.330 provides a fifteen day deadline for filing the motion.

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