Friday, June 5, 2009

Motion for Rehearing Can Toll the Finality of an Order

In Schinstine v. Schinstine (1D09-1203), the First District wrote a short citation opinion and noted by parenthetical that a motion for rehearing can preclude a final order from being final.

1 comments:

Michael said...

This topic was well covered in a recent article found in the Florida Bar Journal, June 2009 entitled "Reconsideration or Rehearing: Is There a Difference?" by James H. Wyman. One question left open, however, is whether a motion for rehearing timely filed after an adverse opinion to a motion to vacate a long-standing final judgment is entered is proper. Based on Wyman's article the lower court has no jurisdiction to hear such a motion. Complicating matters further, is the question as to whether issues raised in the motion for rehearing are subject to affirmative defenses res judicata or collateral estoppel in a later filed suit.

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