When to file a motion for reconsideration in Florida?

When to file a motion for reconsideration in Florida?

There are circumstances under which Florida courts have, however, allowed motions for reconsideration to toll the time for taking an appeal from a final judgment. In Bass v. Jones, 511 So. 2d 441 (Fla. 1st DCA 1987), the appellant filed a motion for rehearing after the trial court had granted the appellee’s motion for summary judgment.

Is there a motion for rehearing in Florida?

Although by and large identical in their ultimate purpose, motions for reconsideration and motions for rehearing are separate and distinct under Florida law. A motion for rehearing is a creature of the rules of procedure.

What are the rules for filing a motion in Florida?

(i) Any affidavit or other paper necessary to support a motion must be served and filed with the motion. (ii) An affidavit must contain only factual information, not legal argument. (iii) A motion seeking substantive relief must include a copy of the trial court’s opinion or agency’s decision as a separate exhibit.

When to file a motion for rehearing and clarification?

Rule 9.330 Rehearing; Clarification; Certification; Written Opinion (a) Time for Filing; Contents; Response. (1) Time for Filing. A motion for rehearing, clarification, certification, or issuance of a written opinion may be filed within 15 days of an order or decision of the court within such other time set by the court.

Is it possible to file a motion to reconsider?

When a criminal or civil case has been decided and a judgment rendered, it is possible for any party of the case to file a motion for reconsideration if the party believes the decision to be an error.

Does filing a motion to reconsider toll the Tim?

A motion for reconsideration is a creature of the common law. It may be directed at virtually any nonfinal order and filed at any time until entry of judgment, but does not toll the time for filing a notice of appeal or a petition for writ of certiorari.

What is a motion for reconsideration?

A Motion for Reconsideration (MFR) is a method of showing disagreement with a Board of Veteran’s Appeals (BVA or Board) decision, asking for the Board to reconsider its previous decision.

What is a motion for consideration?

The motion is designed to allow people a chance to quickly correct a legal decision, not to launch a complex appeal process. When a motion for consideration is filed, the person doing the filing must provide supporting material to argue in defense of the motion.