![]() ![]() All American Crating, Inc., 931 So.2d 244 (Fla. Mistitling or not understanding the distinction between the two motions can be problematic since “ motion for reconsideration does not toll the time to file an appeal from a non-final order.” Agere Systems, Inc. 1998).Īlthough a motion for rehearing and motion for reconsideration are oftentimes mistitled, a court will treat a mistitled motion for reconsideration as a motion for rehearing and vice-versa. ![]() ![]() These motions are based on the trial court’s “‘inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal rulings prior to entry of the final judgment or order terminating an action.’” Seigler, 148 So.3d at 478 quoting Silverstrone v. Motions for reconsideration, on the other hand, apply to non-final, interlocutory orders prior to final judgment. They are filed pursuant to Florida Rule of Civil Procedure 1.530 because they “only apply to final judgments and ‘those orders that partake of the character of a final judgment, i.e., orders that complete the judicial labor on a portion of the cause.’” Seigler v. Motions for rehearing apply to final judgments. Not understanding the difference between a motion for rehearing and motion for reconsideration can result in an untimely appeal. A motion for a rehearing is distinct from a motion for reconsideration and this distinction is key. Motions titled rehearing and reconsideration are routinely used interchangeably, as if there is no difference between the name “rehearing” and the name “reconsideration. ![]()
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