sample motion for reconsideration florida

#Sample motion for reconsideration florida trial#

Writ of Prohibition to Prevent Trial Court from Exceeding Jurisdiction.Res Judicata and 4 Requirements that Must be Demonstrated.Real Estate Brokers are NOT Immune from Liability.Do Yourself a Favor: Get a Court Reporter at that Impactful Hearing.Exculpatory Clauses will be Strictly Construed to Determine Enforceability.Equitable Relief: One seeking Equity MUST do Equity.Voluntarily Dismissing a Lawsuit that Gives Rise to Attorney’s Fees (Oh No!).

Contract is Not Hearsay It has Independent Legal Significance.

Word to the Wise: File Your Notice of Appeal TIMELY.

Reasonable Attorney’s Fee Hearing – Does Attorney Need to Testify at Hearing.Value of Restrictive Covenant when Moving for Permanent Injunction.Attorney’s Fee as an Element of Compensatory Damages.Florida’s Judicially Created Impact Rule and Emotional Distress.Five-Year Statute of Limitation Applies to Reformation of Written Instrument Claim.Nonbinding Arbitrations under Florida Law and Moving for a Trial De Novo.Negligent Training, Retention, Supervision, and Entrustment Claims Against Individual Officers and Agents.Third-Party Complaint Must Allege Claim for Indemnification, Subrogation, or Contribution.Forum Non Conveniens – Heavy Burden for Defendant.Manner in which Information (Such as Customer Lists) Compiled can Constitute Trade Secret.Have the Trial Court Rule on a Motion BEFORE the Court Loses Jurisdiction.Contract Interpretation Force Majeure Impossibility Impracticability Frustration of Purpose - All in One Case.Measure of Tort Damages in Civil Disputes.Appellate Court Reversing Trial Court Granting Motion for New Trial.Affidavits and Declarations Used for Summary Judgment.Equal Wrongdoing Doctrine Known as In Pari Delicto.Venue Considerations when Challenging Venue.Rescission of Contract based on Mutual Mistake.The Violation of a Company’s Internal Policies Alone does Not Create a Duty Owed to a Third Party.

Accord and Satisfaction requires Good Faith Conduct.Incorporated Documents (such as an Addendum) Need to be Identified as Incorporated.Introduce the Right Circumstantial Evidence for Purposes of “Admission by Party Opponent” Hearsay Exception.Insurer’s Claim File Not Categorically Privileged.Attorney’s Fees only Flow to Plaintiff-Payee in Statutory Worthless Check Claim.You can follow David Adelstein on Twitter Trial Court / Judge Cannot Act as the Seventh Juror 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 “ motion for reconsideration does not toll the time to file an appeal from a non-final order.” Agere Systems, Inc. 1998).Īlthough 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. These motions are based on the trial court’s “‘inherent 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.’” 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 “only apply to final judgments and ‘those orders that partake of the character of a final judgment, i.e., orders that complete the judicial labor on a portion of the cause.’” 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 “rehearing” and the name “reconsideration.

Sample motion for reconsideration florida