A blog focusing on decisions from the Florida appellate courts and the Eleventh Circuit Court of Appeals.
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.
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.
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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