THE ONLY CONSTANT IS CHANGE: Update On Changes To Rehearing An Remittitur/Additur Rules
Submitted by Carri S. Leininger, Esq. on 03 Nov, 2022
The Florida Supreme Court continues its zealous pursuit of clarity through amendments to the rules. On August 25, 2022, the court released two opinions with each opinion amending two rules (that’s 4 amended rules for those of you struggling with the math).
The court amended Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530 to require a motion for rehearing before challenging on appeal “the sufficiency of a trial court’s findings in the final judgment.” In re: Amends. to Fla. Rule of Civil Procedure 1.530 & Fla. Fam. Law Rule of Procedure 12.530, No. SC22-756, (Fla. Aug. 25, 2022) Under this rule change, when a circuit court enters a final judgment that is required to include specific findings, a trial counsel’s failure to move for rehearing will be fatal to appellate review.
Prior to this amendment, cases within the Fourth DCA’s jurisdiction were governed by Fox v. Fox, 262 So.3d 789 (Fla. 4th DCA 2018), which was an en banc decision. In a split decision, the Fourth DCA held that the rules did not require a party to file a motion for rehearing challenging the court’s lack of sufficient findings of fact.
The amendment is effective immediately and gives the public 75 days to submit comments to the court.
The court also amended Florida Rules of Civil Procedure 1.530 and 1.535 which govern motions for rehearing and motions for remittitur and additur. In re Amends to Fla. Rule of civil Procedure 1.530 and 1.535, No. SC22-115 (Fla. August 25, 2022). This change morphs the two rules into one and clarifies when the motions must be filed. The New Rule is titled “RULE 1.530. MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS; REMITTITUR OR ADDITUR”. Rule 1.535 is now deleted. The amendments became effective October 1, 2022.
Rule 1.530(d) has also been changed to clarify when the deadline for when the court, on its own initiative, may order a new trial or rehearing. The new rule provides that the deadline is “15 days from the date of filing of the judgment”. The previous rule counted days from “entry of the judgment.” The word “Entry” can be ambiguous whereas the word “filing” more clearly points to the date the judgment is filed.
Do not be confused, this new amendment did not change the deadline for a party to file a motion for new trial or rehearing. Subsection (b) provides that a motion for rehearing or new trial be served not later than 15 days after return of the verdict or date of filing of a judgment in a non-jury action.
We are becoming accustomed to the supreme court’s amendments and wonder if they are taking suggestions?