Upon the entry of certain orders or judgments, a Motion for Rehearing may be filed, if a party believes the Court has entered the underlying order in error. However, there are strict time deadlines to file the order, and it is critical to know the deadline to file such a motion for rehearing. If you do not comply with the deadline, and the Motion is filed late and/or untimely, the Motion shall not be considered by the Court.
Florida’s Fourth District Court of Appeal reiterated in a recent case of Richard Kozell, Jr. v. Theresa Kozell, 2014 WL 1225213 (Fla. App. 4 Dist.), that the deadline to file a Motion for Rehearing is ten (10) days from the date the Court issued its ruling. In this case, the Former Wife’s Motion for Rehearing was filed eighteen (18) days after the Court entered the order and the Fourth District held that the Motion was untimely and not able to be considered.
The ten (10) day deadline runs from the date the order is filed and/or rendered by the Court, not from the date the order is received by the parties. There is no additional time provided for “mailing” of the Order, nor does the traditional “5 day mailing rule” apply. For example, if the order is executed by the Court on the 5th of the month, and if mailed, the order may not be received until the 10th of the month. The 5th of the month is considered the date the order was rendered and/or filed. In that instance, a party would be required to file the Motion for Rehearing within 10 days from the date of rendering, which would be the 15th of the month, regardless of when the party actually receives it.
However, it is important to note that the Florida Rule of Civil Procedure, and the Florida Rule of Family Procedure on Motions for Rehearing has been subsequently amended, and as of 2013, Rule 1.530 of the Florida Rules of Civil Procedure and Rule 12.530 of the Florida Rules of Family Procedure now provides that the deadline to file a Motion for Rehearing is fifteen (15) days from the date of filing/rendering of the Order at issue.
Ensure that you and your legal counsel have a thorough understanding of the filing deadlines when it comes to Motion for Rehearing. The expert family law attorneys at Sidweber and Weintraub, P.A. are specialists in dealing with family law issues, and they can advise you as to the relief available to you in your particular case and the corresponding deadlines to keep manage.
For more information on issues pertaining to Florida family law, divorce, property distribution, child support, timesharing/custody, modification, enforcement and alimony cases, please call a Board Certified Attorney at Sidweber and Weintraub, P.A., for a consultation.