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Abandonment of Post-Trial Motions through Notice of Appeal? Not Anymore…

In an earlier posting, I discussed the difference between a motion for rehearing and motion for reconsideration.   From that posting, you know that a motion for rehearing is a post-trial motion and, in particular, a motion that applies post-judgment. A properly filed motion for rehearing will toll the time to file an appeal.  There are times where a party after a judgment is entered will file a motion for rehearing. Then, before that motion is ruled on, will file a notice of appeal. Why? The party is not appealing the order on the motion for rehearing because such an order has not...

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Motion for Rehearing or Reconsideration: What is the Difference?

Motions titled rehearing and reconsideration are routinely used interchangeably, as if there is no difference between the name “rehearing” and the name “reconsideration. There is a difference though. A motion for a rehearing is distinct from a motion for reconsideration and this distinction is key. Not understanding the difference between a motion for rehearing and motion for reconsideration can result in an untimely appeal. Motions for rehearing apply to final judgments. 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,...

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Timely Filing Motion for Attorney’s Fees and Costs

Florida Rule of Civil Procedure 1.525 provides: Any party seeking a judgment taxing costs, attorneys' fees, or both shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal, which judgment or notice concludes the action as to that party. This is a specific statutory time period and a motion for rehearing does NOT toll this 30 day period. Jackson v. Anthony, 39 So.3d 1285, 1286 (Fla. 1st DCA 2010). This means that a motion for a final judgment taxing attorney’s fees and costs must be...

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I Lost the Appeal. Should I File an Appellate Motion for Rehearing???

If you find the top Florida appellate attorney, the chances of you losing an appeal will be slim. However, there are times when appeals lose. In these situations, people often find themselves lost and unsure what to do next. Do they file an appellate motion for rehearing? Florida Rule of Appellate Procedure 9.330(a) states in pertinent part: "A motion for rehearing...

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