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Motion for Rehearing

Taking your divorce case to trial can be somewhat unpredictable. Both you and your attorney cannot be 100% sure how the judge will decide. The judge may decide in your favor on some issues and in your spouse’s favor on others. Alternatively, the judge could decide against you on all major issues. If you go to trial and you are unhappy with the result, you cannot ask for a new trial or a rehearing just because the decision did not go your way. 


Nevertheless, if you can show that the final order should be changed you may want to consider a motion for rehearing. A motion for rehearing is a request sent to the court that asks the court to change certain aspects of the final order. There are several grounds for a motion for rehearing, but typically there has to be some kind of mistake, error, or evidence showing that the final order should be changed


On a motion for a rehearing, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.

Taking your divorce case to trial can be somewhat unpredictable. Both you and your attorney cannot be 100% sure how the judge will decide.


Deadline to File

A motion for rehearing must be served not later than 15 days after the date of filing of the. A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined. 


Why not Appeal the Decision Instead?

While the judge could certainly decide to deny your motion for rehearing, you should still consider a motion for rehearing rather than filing an appeal right off the bat. There are a few reasons for this. First, appeals can be very costly and lengthy. You could save time and money by attempting to correct the problem with a motion for rehearing rather than going straight for the appeal. Second, there are several appellate courts in Florida that maintain certain types of issues must be brought up in a motion for rehearing before you can appeal those issues. Meaning in some cases, it may be a prerequesite for you to file a motion for rehearing before filing for appeal. 

 Practice Pointer - What about non-final orders?

If the judge issues a non-final order, you cannot use a motion for rehearing. You should instead use a motion for reconsideration. A motion for reconsideration is generally similar to a motion for rehearing. A motion for reconsideration asks the court to change aspects of a non-final order that the court issued. Generally speaking, a motion for rehearing applies to final orders. A motion for reconsideration may be filed at any point prior to the entry of a final order. 

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