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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Lawyers Lie To Themselves and Their Clients

United States of America Of the Lawyers, By The Lawyers, & For The Lawyers…
Just The Facts –

– Lawyers Write the Laws –
Lawyers use their legalese to construct laws that generally only a lawyer can understand or interpret
– Lawyers Make the Laws –
Lawyers comprise the majority of local, state and federal legislative bodies.
– 1 Lawyer for EVERY 200 Adults in America!! –
1,143,358 lawyers. Law Schools are graduating 40,000 new lawyers each year as they have over the last 20 years. We are being overrun by lawyers, who not being subject to the normal laws of supply and demand, simply create work for themselves at an increasing cost to each of us.
– Your Civic Duty –
Work and your life are secondary to – Your Civic Duty – at about $8.00 PER DAY while the Lawyers & Judges are making HUNDREDS of DOLLARS PER HOUR! But you understand, after all the lawyers and judges do tell us that it is ‘the best system in the world…’
– All About Billable Hours –
Confusion and conflict produce billable hours. Simple
common sense decisions and solutions are almost extinct because they are in conflict with the billable hours required to support the ever growing legal profession.
– Taxation Without Representation –
Lawyers represent 3/10th of 1 percent of the population yet have an 80% representation in our government. Translation: The taxation of 99.997% of the American people is created, implemented, controlled, and enforced by .003% of the people: indeed a privileged class.
– Lawyers & Government –
Any wonder why the government is so wasteful and
inefficient? The majority of lawyers in government have never had any experience in the operation or budgeting of a real business in the real world. And, in the world they did work in, they could earn more in a few hours than most people can earn in a week or a month and sometimes even a year!
– 2 More Lawyers in the White House –
Remember the Clintons? Remember the Scandals?
Remember the National & Worldwide Disgrace America was Subjected to? Remember How Bin Laden Killed
Americans at will BUT there was not enough evidence to bring him to Court!!
– 9 Lawyers Decide How All American’s Live! –
Nine Lawyers on the Supreme Court decide the laws, the
morals, and the culture of 300 million FREE Americans?
Arguably The Founding Fathers Biggest Mistake!
– The U.S. Constitution –
The Founding Fathers never had a clue how their
masterpiece, The Constitution, would be a Cash Cow for the lawyers…

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Liar Joel Greenberg Broward County FL Liar - 2016Why Lawyers Lie (To Themselves and Their Clients)

Ethics and practicing law have a fascinating relationship. I posted last week about how it’s silly to suggest that ethics requires lawyers (or anyone) to always tell the truth. In the comments, I wrote the following in a reply to a comment by Scott Greenfield:

I think the lawyer’s biggest moral (as opposed to “ethical” re the rules) conundrum is the question of whether the lawyer is lying to himself that what’s good for the lawyer is good for the client. Self-deception is the real problem, because it makes our lies to others feel like the truth.


Scott suggested that was an idea for a post. I agreed, so here goes.

Lawyering, despite the efforts of those who write the ethics rules, has a conflict of interest built in: what’s good for the client is often the exact opposite of what’s good for the lawyer. And lawyers, being mere mortals, are morally fallible, and they know it.

They have to get past that knowledge if they are going to at least sometimes choose to do what’s best for themselves instead of what’s best for the client. To cope with making that choice, they lie to themselves in order to believe that what’s good for themselves is in fact what’s best for the client.

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Absent parents are three times more likely to die early

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Father and son separating from mother and daughterTHE heartbreak of family separation is sending absent parents to an early grave, figures show.

The Department for Work and Pensions (DWP) data shows that parents who leave their children are almost three times more likely to die early. 

It was unearthed by Sunday Express staff who compared the number of Child Support Agency (CSA) cases closed after “nonresident” parents died with cases closed due to the death of the “parent with care”. 

The figures show that since June 2003, 8,515 non-resident parents have died compared to 3,090 residents.

Right of First Refusal - 2015
causes.com/childrensrights

According to the information released under the Freedom of Information Act, 94.8 per cent of CSA cases involved a male nonresident parent.Despite a specific request, no causes of death were given. 

Information on mental illness among non-resident parents was also unavailable.

Matt O’Connor, founder of Fathers 4 Justice, described the figures as “alarming”. 

He said: “The department has a responsibility to conduct some meaningful research to understand what is actually behind these figures.YouTube Channel Art - 2015olympic-chains-ad

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