Word to the Wise: File Your Notice of Appeal TIMELY

Here is a recent case that is really more about a word to the wise. “[A] motion for rehearing directed to a non-final order…is not authorized under the rules and does not toll the time for filing the notice of appeal.” Omni Healthcare, Inc. v. North Brevard County Hospital District, 48 Fla. L. Weekly D257b (Fla. 5th DCA 2023). This means filing a motion for rehearing based on a non-final order does NOT toll the time for you the timely preserve your appellate rights by filing a notice of appeal. This case involved a commercial eviction dispute where the commercial tenant...

23 September

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

Posted by David Adelstein

in Appeal

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...