Feb6

Difference Between Motions For Reconsideration And Rehearing

Difference Between Motions For Reconsideration And Rehearing

Motions for rehearing of nonfinal orders are not authorized by the Florida Rules of Civil Procedure.

Noting that motions for rehearing and new trial are exclusively governed by Rule 1.530, the Florida Supreme Court has observed that “[u]nless the filing of a motion for rehearing to an interlocutory order is authorized by a rule of court promulgated by the rule-making authority, then its filing is improper.”

It is not unusual for an attorney to file a motion for “rehearing” of a nonfinal order and subsequently be confronted with a response from the other side reiterating the court’s language and declaring that such motions are unauthorized and improper.

While the rules of civil procedure themselves do not allow motions for rehearing directed to nonfinal orders, a trial court does have the inherent authority to reconsider and alter or retract such orders prior to the entry of final judgment (similar to order denying or granting a motion for summary judgement). Therefore, a motion directed to a nonfinal order is actually a “motion for reconsideration.”

 

Disclaimer: This article is for general informational purposes only and should not be construed as legal advice or a legal opinion on specific facts or circumstances nor a solicitation of legal business. You are urged to consult an experienced lawyer concerning your particular actual situation and any specific legal questions you may have. No attorney-client relationship attaches as a result of any exchange of information.

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