An appeal is not simply a “do over” where the appellate court gets to re-weigh the evidence and substitute its judgment for that of the trial judge. Instead, an appeals court is a reviewing court, and it can only review for “preserved error.â€
Rule 1.530 and 12.530 require rehearing motions to challenge the failure to make required findings of fact — but how do you navigate the rule to ensure preservation when the findings are in non-final orders?
The Florida Supreme Court Friday amended Florida Rule of Civil Procedure 1.530 and Florida Family Law Rules of Civil Procedure 12.530 to expressly require that “To preserve for appeal a challenge to the sufficiency of a trial court’s findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule,” effective immediately.