This is why I advice to appeal when it is justified and not motion for rehearing, with the following exception: Only Rehear When There Is A Pertinent Event Between The Trial And the Final Judgment How wise is it to ask a family court judge to question the wisdom of his or her own findings? How often do you think such a judge will concede having made a factual or legal error? Since I started practicing family law in 2005 (and exclusively a family law since 2011) I have never witnessed a family court reverse its own final judgment because of a motion for a rehearing. But, in family law there is no jury, so such a motion turns out to be a waste of time and resources because the trial judge will almost certainly deny it. And it makes sense, in jury trial, for a litigant to seek the “second opinion” of the judge to review a jury’s verdict through a motion for rehearing. It is true that a client of a family law attorney may file a motion for a rehearing prior to filing a notice of appeal. But they also allows parties to bypass the filing of a motion for a rehearing of a non-jury trial (which applies to all family law cases) and to simply appeal its resulting final judgment.Įvery appellant wants a reversal of some portion of the final judgment and wants it as quickly as possible. These rules are designed for jury trials. Why appeal instead of seeking a rehearing first? Read below: Motions for Rehearing Rarely Succeed in Family Courtsįirst it is important to understand the rules that govern motions for rehearings under 1.540, of Florida Rules of Civil Procedure.
When is an appeal justified? Read What Can Be Appealed. However, his question did raise these broader questions: In his case, the fifteen-day deadline for a filing the rehearing motion had expired. To avoid repetition, on this page, the term "rehearing" includes "reconsideration".Ī prospective appeal client once asked me why I would not consider filing a motion for a rehearing of his family court case instead of appealing his final divorce judgment. The two terms are often used interchangeably. Should You File an Appeal or a Motion for Rehearing or Reconsideration?Ī motion for rehearing is limited to final judgments, while a motion for reconsideration can be applied to a non-final order.
In an initial consultation I will give you my opinion of the chances for success of a motion to rehear. These motions only have a chance to succeed when there is a pertinent event in the case between the time of the trial and the final judgment.
Motions to rehear rarely succeed in family court because one is asking the judge that made the decision to admit to his or her error. Here, the term "rehearing" includes "reconsideration". We Can Represent You In Family Law Appeals Anywhere In Florida SummaryĪ motion to rehear is limited to final judgments, while one for reconsideration can be for a non-final order. Practicing Exclusively Family Law Since 2011 Appeal or Motion to Rehear in Florida Family Law Cases?īy Florida Family Law Appeals Attorney Eduardo J.
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