Preserve Your Appeal! Read On For Rule Changes…

On August 25, 2022, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530. The Supreme Court of Florida finds that filing a Motion for Rehearing is required to preserve an objection to insufficient trial court findings in a final judgment.

Supreme Court of Florida No. SC22-756 IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.530 AND FLORIDA FAMILY LAW RULE OF PROCEDURE 12.530

What Is A Motion For Rehearing? Fla. Fam. Law. R. P. 12.530

A Motion for Rehearing is a Motion filed by a moving party that allows the trial court the opportunity to consider matters it did not yet consider, or those that were overlooked at trial. A new trial or rehearing may be granted to all or any of the parties and on all or part of the issues.

A Motion for Rehearing must be served no later than 15 days after the date the Final Order/Judgment was filed.

When a Motion for Rehearing is filed, the Court must determine if a hearing on the Motion is required. If so, the Court provides a Notice of Hearing. A Court may enter an Order granting or denying the Motion without a hearing if the Court determines a hearing is not needed.

Any Order granting a rehearing must specify the grounds for it.

What Does This Mean For Me?

Prior to August 25, 2022, there was no need for a Motion for Rehearing to be filed to preserve an appeal to challenge the sufficiency of a trial court’s findings in a final judgment.

As of August 25, 2022, Fla. Fam. L. R. P. 12.530(a), the following has been added: To preserve for appeal a challenge to the sufficiency of a trial court’s findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule.

This rule is effective immediately. Please keep these changes in mind if you are nearing the end of your case!