Motion for Reconsideration

From Florida Legal Wiki

There is frequent confusion between a Motion for Rehearing and Motion for Reconsideration. Often times practitioners and judges use the terms interchangeably. Attorney James Wyman wrote a thorough article for the Florida Bar Journal that should dissuade anyone from making this mistake - Reconsideration or Rehearing: Is There a Difference. However, the mislabeling of a motion for reconsideration as a “motion for rehearing” under Rule 1.530 does not defeat a substantively proper motion for reconsideration. E.g., Bettez v. City of Miami, 510 So. 2d 1242, 1242-43 (Fla. 3d D.C.A. 1987).

The Florida Rules of Civil Procedure do not specifically authorize motions for rehearing directed to non-final orders. Rather, the court has inherent authority to reconsider and alter or retract nonfinal orders at any time prior to entry of final judgement. North Shore Hospital, Inc. v. Baker, 143 So. 2d 849, 851 (Fla. 1962). According to Wyman, all such motions should be considered Motions for Reconsideration.

While a Motion for Rehearing must be served within ten days, a Motion for Reconsideration can be filed at any time before entry of final judgment, regardless of how much time has elapsed between entry of the interluctory order and the Motion for Reconsideration. E.g., Hunter v. Dennies Contracting Co., Inc., 693 So. 2d 615, 616 (Fla. 2d D.C.A. 1997).

A Motion for Reconsideration can be directed to almost all interlocutory orders, but it cannot be directed to the denial of a Rule 1.530 Motion for Rehearing. The trial court loses jurisdiction when it denies such a motion. State ex rel. Cantera v. District Court of Appeal, Third Dist., 555 So. 2d 360, 362 (Fla. 1990).