![]() However, when it comes to a motion for reconsideration, which is applicable only to non-final orders, the motion can be filed at any time before the trial court enters a final order in the case. Time is one of the primary considerations when it comes to filing a petition for rehearing, as the petition must be filed within fifteen days of the final order being rendered. If you fail to do so, you may very well waive your right to appeal. Rule 1.530(e): When an action has been tried by the court without a jury, the sufficiency of the evidence to support the judgment may be raised on appeal. In certain situations, it is mandatory to file a petition for rehearing. MOTION TO DISMISS PURSUANT TO RULE 12(b). When this happens, and the judge’s “mistake” is corrected, filing an appeal becomes unnecessary. When a motion is mislabeled as a motion for reconsideration, does not state. Thus, in order to prevail upon a motion for reconsideration, a party must demonstrate that the courts prior ruling was clearly erroneous or that new. Although a judge might not originally “get it right”, you can file a petition for rehearing or a motion for reconsideration for purposes of helping the judge understand how their decision might need to be corrected. One of the best strategies for Florida divorce and child custody appeals is trying to eliminate the need to file an appeal by convincing the judge to correct the order. Noting that motions for rehearing and new trial are exclusively governed by Rule 1.
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