Don’t Forget to Move for Rehearing if Challenging Factual Findings in Final Judgment

Florida Rule of Civil Procedure 1.530(a) provides: “To preserve for appeal a challenge to the failure of the trial court to make required findings of fact in the final judgment, a party must raise that issue in a motion for rehearing under this rule. On a motion for a rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.” In a recent case, Platt v. Cape Marine Services, Inc., 50 Fl. L. Weekly D2315a (Fla. 5th DCA 2025), a party appealed an...

05 November

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Writ of Prohibition to Prevent Trial Court from Exceeding Jurisdiction

Posted by David Adelstein

in Appeal

A writ of “[p]rohibition lies to prevent a court from acting in excess of its jurisdiction.” Allstate Fire and Casualty Ins. Co. v. Hoffman, 2022 WL 14681489, *1 (Fla. 4th DCA 2022). An example of an appellate court granting a writ of prohibition can be found in Allstate Fire and Casualty Insurance Company. As an important backdrop, Florida Rule of Civil Procedure 1.530 governs motions for rehearing. A motion for rehearing “must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action.” Fla.R.Civ.P....

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Don’t Forget to Move for Rehearing if Challenging Factual Findings in Final Judgment

Writ of Prohibition to Prevent Trial Court from Exceeding Jurisdiction