All American Crating, Inc., 931 So.2d 244 (Fla. Mistitling or not understanding the distinction between the two motions can be problematic since “ motion for reconsideration does not toll the time to file an appeal from a non-final order.” Agere Systems, Inc. 1998).Īlthough a motion for rehearing and motion for reconsideration are oftentimes mistitled, a court will treat a mistitled motion for reconsideration as a motion for rehearing and vice-versa. These motions are based on the trial court’s “‘inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal rulings prior to entry of the final judgment or order terminating an action.’” Seigler, 148 So.3d at 478 quoting Silverstrone v. Motions for reconsideration, on the other hand, apply to non-final, interlocutory orders prior to final judgment. They are filed pursuant to Florida Rule of Civil Procedure 1.530 because they “only apply to final judgments and ‘those orders that partake of the character of a final judgment, i.e., orders that complete the judicial labor on a portion of the cause.’” Seigler v. Motions for rehearing apply to final judgments. Not understanding the difference between a motion for rehearing and motion for reconsideration can result in an untimely appeal. A motion for a rehearing is distinct from a motion for reconsideration and this distinction is key. Nothing in this rule precludes the trial court from exercising its inherent authority to reconsider a ruling while the court has jurisdiction of the case.Motions titled rehearing and reconsideration are routinely used interchangeably, as if there is no difference between the name “rehearing” and the name “reconsideration. This rule shall not apply to post-conviction proceedings pursuant to rule 3.800(a), 3.850, 3.851, or 3.853. A timely filed motion for rehearing shall toll rendition of the order subject to appellate review and the order shall be deemed rendered 40 days from the order of which rehearing is sought, or upon the filing of a written order denying the motion for rehearing, whichever is earlier. If no order is filed within 40 days, the motion is deemed denied. The trial court‘s order disposing of the motion for rehearing shall be filed within 15 days of the response but not later than 40 days from the date of the order of which rehearing is sought. A response may be filed within 10 days of service of the motion. A motion for rehearing shall state with particularity the points of law or fact that, in the opinion of the state, the court has overlooked or misapprehended in its decision, and shall not present issues not previously raised in the proceeding. When an appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 or 924.071, Florida Statutes, the state may file a motion for rehearing within 10 days of an order subject to appellate review. Motion to Vacate, Set Aside, or Correct Sentence Correction, Reduction, and Modification of Sentences When Evidence Sustains Only Conviction of Lesser Offense Time for and Method of Making Motions Procedure Custody Pending Hearing Jury Not Recallable to Hear Additional Evidence Recall of Jury for Additional Instructions Jury Request to Review Additional Evidence or for Additional Instructions Voir Dire Examination, Oath, and Excusing of Member Acceptance of Guilty or Nolo Contendere plea Pretrial Probable Cause Determination and Adversary Preliminary Hearings Minimum standards for attorneys in felony cases Minimum standards for attorneys in capital cases Additional Time After Service by Mail, when permitted, or Electronic Mail Time for Service of Motions and Notice of Hearing
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