In re Amendments to Fla. Rule of Civil Procedure 1.530
| Decision Date | 25 August 2022 |
| Docket Number | SC22-756 |
| Citation | 346 So.3d 1161 (Mem) |
| Parties | IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.530 and Florida Family Law Rule of Procedure 12.530. |
| Court | Florida Supreme Court |
On its own motion, the Court amends Florida Rule of Civil Procedure 1.530 () and Florida Family Law Rule of Procedure 12.530 (Motions for New Trial and Rehearing; Amendments of Judgments). We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Gen. Prac. & Jud. Admin. 2.140(d).
We have determined that amendments to these rules are necessary to clarify that filing a motion for rehearing is required to preserve an objection to insufficient trial court findings in a final judgment order. Thus, the following sentence is added to rules 1.530(a) and 12.530(a): "To preserve for appeal a challenge to the sufficiency of a trial court's findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule." Additionally, we add the following Court Commentary to both rules: "The amendment to subdivision (a) does not address or affect, by negative implication, any other instance in which a motion for rehearing is or might be necessary to preserve an issue for appellate review."
Accordingly, we amend the Florida Rules of Civil Procedure and Florida Family Law Rules of Procedure as reflected in the appendix to this opinion. New language is indicated by underscoring. The amendments shall become effective immediately upon the issuance of this opinion. Because the amendments were not published for comment previously, interested persons shall have seventy-five days from the date of this opinion in which to file comments with the Court.1
It is so ordered.
APPENDIX
FLORIDA RULES OF CIVIL PROCEDURE
RULE 1.530. MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions. A new trial may be granted to all or any of the parties and on all or a part of the issues. To preserve for appeal a challenge to the sufficiency of a trial court's findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule. On a motion for a rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.
(b) – (g) [NO CHANGE]
Committee Notes
[NO CHANGE]
Court Commentary
1984 Amendment. [NO CHANGE]
2022 Amendments. The amendment to subdivision (a) does not address or affect, by negative implication, any other instance in which a motion for rehearing is or might be necessary to preserve an issue for appellate review.
FLORIDA FAMILY LAW RULES OF PROCEDURE
RULE 12.530. MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions. A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues. To preserve for appeal a challenge to the sufficiency of a trial court's findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule. On a motion for a rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.
(b) – (h) [NO CHANGE]
Court Commentary
2022 Amendments. The amendment to subdivision (a) does not address or affect, by negative implication, any other instance in which a motion for rehearing is or might be necessary to preserve an issue for appellate...
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Jackson v. City of South Bay
...the final judgment, a party must raise that issue in a motion for rehearing under this rule."); In re Amends. to Fla. R. Civ. P. 1.530, 346 So.3d 1161, 1162 (Fla. 2022) (recognizing that the amendment to rule 1.530 clarified existing law). [2] Jackson also claims a Sunshine Law violation fo......
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McGill v. McGill
...to Fla. Rule of Civ. Proc. 1.530, 346 So.3d 1161, 1162 (Fla. 2022). Because the amendment was not effective until August 25, 2022, see id. at 1161-62, a motion for rehearing was required to preserve for review the issue of the lack of findings in the judgment rendered on January 13, 2022. W......
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In re Amendments to Fla. Rules of Civil Procedure 1.530 & 1.535
... ... "15 days after entry of the judgment," in subdivisions (d) and (g), is replaced with "15 days after the date of filing of the judgment." As for rule 1.535, because the provisions of that rule deal entirely with motions filed in connection with the procedures set forth in rule 1.530, the text of ... ...
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McGill v. McGill
...in the final judgment, a party must raise that issue in a motion for rehearing under this rule." In Re: Amends. to Fla. Rule of Civ. Proc. 1.530 , 346 So. 3d 1161, 1162 (Fla. 2022). Because the amendment was not effective until August 25, 2022, see id. at 1161-62, a motion for rehearing was......
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Effective Immediately: Florida Rule Of Civil Procedure 1.530(A) Applies To Certain Non-Final Orders
...raise that issue in a motion for rehearing under subsection (a) of the rule. In re Amendments to Florida Rule of Civil Procedure 1.530, 346 So. 3d 1161, 1162 (Fla. 2022). The rule became effective immediately, but because that amendment was not published for comment prior to its adoption, t......