Monthly Archives: July 2021

DON’T OVERLOOK THE OPTION OF A MOTION FOR REHEARING

A final judgment has been filed with the clerk of the lower court in your dissolution of marriage proceeding.  Do not overlook the option of a motion for rehearing.    You have 15 days from the date of the filing of the final judgment to serve a motion for rehearing. See Fla. Fam. Law. R. Proc. 12.530(b).

A motion for rehearing provides you with the opportunity to have the court 1) consider matters that it overlooked or failed to consider, 2) correct any error it has committed if the court determines that it has erred and/or 3) possibly even “open the judgment if one has been entered, take additional testimony and enter a new judgment.”  Fla. Fam. Law. R. Proc. 12.530; Gaffney v. Gaffney, 965 So. 2d 1217 (Fla. 4th DCA 2007); Brander v. Stoddard, 78 So. 3d 101 (Fla. 4th DCA 2012).  A motion for rehearing may also be necessary to preserve issues for appeal.     

Additionally, a timely and authorized motion for rehearing tolls the time for the filing of an appeal. See Fla. R. App. P. 9.020.  

Know the Rules of Appellate Procedure before you file your brief.

The rules of appellate procedure changed on January 1, 2021.  Many practitioners appear to be unaware of these changes.  Failing to comply with these rules may result in your brief being stricken.   For instance, computer-generated briefs are no longer permitted to be in Times New Roman.  It must be in either Arial or Bookman Old Style. Fla. R. App. P. 9.045.  For example, all computer-generated briefs are subject to a word count limit, not a page limit.  See Fla. R. App. P. 9.210.  Make sure to read the rules of appellate procedure before filing your brief and confirm your brief complies.