Sample motion for reconsideration florida

SAMPLE MOTION FOR RECONSIDERATION FLORIDA TRIAL

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Please contact David Adelstein at or (954) 361-4720 if you have questions or would like more information regarding this article. 4 th DCA 2004 (improperly filed motion for rehearing will not toll time to file appeal). Wachovia Commercial Mortgage, Inc., 875 So.2d 279 (Fla. 4 th DCA 1997) But see E-Z Marine Supply, Inc. Conversely, a properly filed motion for rehearing will toll the time to file an appeal. All American Crating, Inc., 931 So.2d 244 (Fla.

Mistitling or not understanding the distinction between the two motions can be problematic since РІР‚Сљ motion for reconsideration does not toll the time to file an appeal from a non-final order.РІР‚Сњ Agere Systems, Inc. 1998).Р”Р„lthough a motion for rehearing and motion for reconsideration are oftentimes mistitled, a court will treat a mistitled motion for reconsideration as a motion for rehearing and vice-versa.

SAMPLE MOTION FOR RECONSIDERATION FLORIDA TRIAL

These motions are based on the trial courtРІР‚в„ўs РІР‚СљРІР‚Вinherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal rulings prior to entry of the final judgment or order terminating an action.РІР‚в„ўРІР‚Сњ Seigler, 148 So.3d at 478 quoting Silverstrone v. Motions for reconsideration, on the other hand, apply to non-final, interlocutory orders prior to final judgment. They are filed pursuant to Florida Rule of Civil Procedure 1.530 because they РІР‚Сљonly apply to final judgments and РІР‚Вthose orders that partake of the character of a final judgment, i.e., orders that complete the judicial labor on a portion of the cause.РІР‚в„ўРІР‚Сњ Seigler v. Motions for rehearing apply to final judgments.

Not understanding the difference between a motion for rehearing and motion for reconsideration can result in an untimely appeal. A motion for a rehearing is distinct from a motion for reconsideration and this distinction is key. Motions titled rehearing and reconsideration are routinely used interchangeably, as if there is no difference between the name РІР‚СљrehearingРІР‚Сњ and the name РІР‚Сљreconsideration.

Sample motion for reconsideration florida