Is There a Difference Between Motioning for Reconsideration or Rehearing?

Ask any civil trial lawyer in Florida how many days one has to move for rehearing of an order simply granting a motion for summary judgment, and the odds are good the lawyer will respond, “Ten days.” Pursue the matter further with the lawyer, and ask where this 10-day period is set forth in the Florida Rules of Civil Procedure, and the lawyer will invariably point to Rule 1.530, which by its title governs motions for new trial and rehearing.

Rule 1.530, however, provides that a motion for rehearing must be served no later than 10 days after “the date of filing of the judgment in a non-jury action.”1 An order simply granting a motion for summary judgment is not a final judgment; rather, it is a nonfinal order.2 So, too, are myriad other orders entered by a trial court before final judgment. Attorneys in Florida nevertheless regularly file “motions for rehearing” directed to such nonfinal orders. Often they believe they must do so within 10 days. Sometimes they also believe that such a motion tolls the time to seek appellate review of the nonfinal order.

Motions for rehearing of nonfinal orders are not authorized by the Florida Rules of Civil Procedure.3 Noting that motions for rehearing are exclusively governed by Rule 1.530, the Florida Supreme Court has observed that “[u]nless the filing of a motion for rehearing to an interlocutory order is authorized by a rule of court promulgated by the rule-making authority, then its filing is improper.”4 Indeed, it is not unheard of for an attorney to file a motion for “rehearing” of a nonfinal order and subsequently be confronted with a response from the other side echoing the court’s language and declaring that such motions are unauthorized and improper.

Yet while the rules of civil procedure themselves do not authorize motions for rehearing directed to nonfinal orders, a trial court does have the inherent authority to reconsider and alter or retract such orders prior to the entry of final judgment.5 Rather than constituting a motion for rehearing under Rule 1.530, a motion directed to a nonfinal order is actually a “motion for reconsideration” based upon this inherent and discretionary authority of the trial court.6 Despite this distinct and well-established basis for reconsideration of interlocutory orders, there still exists confusion among many practitioners about the differences between reconsideration and rehearing.

Much of the confusion stems from the fact that parties and the courts frequently use the terms interchangeably, at least in the context of motions directed at nonfinal orders. This is perhaps understandable given the lack of any rule-based authority for reconsideration of nonfinal orders; the articulation of the trial court’s inherent authority has of necessity come through the development of the common law. An attorney will, therefore, only be aware of the basis for reconsideration — as well as its effect on any subsequent appeal — from the case law.

Common Law Origin of Motions for Reconsideration

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Right of a Parent to make decisions regarding their child…

Florida Parental Rights…IS A FUNDAMENTAL RIGHTParental-rights (1)

The Right of a Parent to make decisions regarding upbringing, education and care of their child AS A FUNDAMENTAL RIGHT.student-parental-rights-in-public-school-education-

Advancing the cause of Parental Rights. Law to establish the Right of a Parent to make decisions regarding upbringing, education and care of their child AS A FUNDAMENTAL RIGHT.inner_logo

It does so all the while while protecting kids at risk, because it continues to allow the state to protect children when they are truly in jeopardy. But this law requires specific findings to be produced to overcome the fundamental right parents would have. It takes away the leeway that currently exists for state agencies to act arbitrarily.

To pass this legislation, it will require Passage through certain committees. parental-rightsThe individuals who chair these committees decide what bills get discussed, and thus passed through to the house for a vote. So this next step is critical to the life of this effort for 2016 and 2017.crg pic - 2016

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The Injustice of the Family Court System 
World4Justice ~ Justice4Children Presents…
A Worldwide Event! 

W r i t e  O N E  L e t t e r

The Purple Keyboard Campaign For Family Justice Reformca0a5-purple2bkeyboard2bcampaign2b4family2bjustice2bcover2b-2b2015

The injustice of the Family Court System, and it’s agencies that are supposed to help children, are failing people on a daily basis and and in turn jeopardizing society as a whole! Florida Child Support System Cyber Protest - 2016WE THE PEOPLE,

Stand up for Zoraya Petition 2015hereby dedicate ourselves and our efforts to the creation of a family law system, legislative system, and public awareness which promotes equal rights for ALL parties affected by divorce, and the breakup of a family or establishment of paternity. It is our belief through our involvement and dedication, we can have a positive effect on the emotional and psychological well-being of childrenEvery Child Deserves a Mom and Dad - 2015

  • We believe equal, shared parenting time or joint custody is the optimal custody situation. 
  • We believe the best parent is both biological parents. 
  • We believe grandparents should have rights and access to their grandchildren. 
  • We believe gender bias should be eliminated from family law and from future legislation. 
  • We believe BOTH biological parents should be responsible for the emotional and psychological well-being of their children, as well as financially responsible. 
  • We believe in the concept of fairness and equity in support for ALL families; and, that all children involved in a blended family should have equal rights, and do deserve equal rights and equal protection under the law. 
  • We believe child support orders should be reasonable, realistically reflect the cost of the children’s basic needs, and reflect the relative parenting contribution of both parents in a shared parenting plan. 
  • We believe when parents are given equal rights, equal responsibility follows; when parents have equal access to their children and support levels are reasonable and reflect the true cost of raising a child, parents will comply with court orders. Fair4Families - 2015
  • We believe when equity is created in our laws, the conflicts inherent in divorce situations dissolve and that, in the end, this is the greatest gift which we, as parents, could possibly bestow on our children.
    Causes - Raise your right hand and read aloud the following - 2015
    Parental Alienation is CHILD ABUSE

    best2binterest2bof2bwho-the2bdivorce2blawyer2b-2bgive2bme2ba2bbreak2b-2b2016

TAKE BACK FATHERHOOD 2015 - AFLAThe Injustice of the Family Court System

www.facebook.com/ChildrensRightsMiami
http://www.facebook.com/ChildrensRightsMiami

CALL TO ACTION
Contact three Legislators via e mail IMMEDIATELY.Purple Keyboard Campaign 4 Family Justice Law Reform - 2015

What should I write?

Here is some suggested Language for your e-mail. Add edits as needed to personalize if desired. But remember – keep it short and to the point. Lengthy e mails lose their power because they are not likely to be read by the Representative or their staff. 

Subject Line: Committee Chair – 

Please Support Parental Rights

Body:

Dear Rep. (Their Last Name),

This e mail is to express my strong support for Parental Rights. I support it because I believe that Parents should have a fundamental right to direct the care, upbringing and education of their children.

If this important issue has been assigned to the committee that you currently chair. I respectfully ask that you allow Parental Rights to be discussed and voted on in your committee.

I look forward to seeing the Parental Rights Bill passed as Law this year! 

Sincerely, (Your Name)

Also extend your gratitude to those supporting Parental Rights by sending a thank you note via e mail.

For The Cause of Liberty,   Jim & Patti Sullivan Florida State Coordinators  jsullivan@parentalrightsfl.org

PURPLE KEYBOARD CAMPAIGN FOR JUSTICE IN FAMILY COURTSvotefamily - Parental Rights Class Action - 2015hunger4justice2-v2ca0a5-purple2bkeyboard2bcampaign2b4family2bjustice2bcover2b-2b2015

Child Custody Arrangements News

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