From the category archives:

Rehearing and Reconsideration

New Issues a No Go on Rehearing

December 18, 2012

The Fourth DCA recently issued an opinion on rehearing in which it reiterated a pretty basic, but nonetheless important point: If you didn’t raise an issue in your initial brief, you can’t raise it for the first time on a motion for rehearing before the appellate court. See Philip Morris USA, Inc. v. Naugle, No. [...]

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Rehearing: A Comparison of 9.330 and 1.530

April 16, 2012

The First District Court of Appeal recently explained the different standards for rehearing at the appellate level versus the trial level under the Florida rules, and it’s an important distinction for both trial and appellate practitioners to keep in mind. The take home lesson: Your last chance at issue preservation is a motion for rehearing, [...]

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Small Claims, Big Procedural Concerns

June 25, 2011

Does filing a mis-labeled motion for new trial in small claims court toll rendition of a final small claims order? The Fourth DCA in Arafat v. U–Haul Center Margate, No. 4D10–1179,— So.3d —- (Fla. 4th DCA June 22, 2011) [.pdf] has said yes. Which Rule Applies? The Arafat decision packs in a lot of procedural [...]

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