REHEARING & RECONSIDERATION OF THE TRIAL COURT’S ORDER

When contemplating the appeal of a Florida Divorce or Child Custody Decision it is usually a good idea, and sometimes a mandatory step, to file a petition for rehearing or a motion for reconsideration.  Further below are answers to commonly asked questions that lawyers for Florida Divorce Appeals and Florida Child Custody Appeals frequently receive when it comes to the issue of the rehearing and reconsideration of a divorce court judge’s order.  Clicking on each question below will open a separate web page with a detailed answer to the particular question or explanation of the particular topic.  

One of the best strategies for Florida divorce and child custody appeals is trying to eliminate the need to file an appeal by convincing the judge to correct the order.  Although a judge might not originally “get it right”, you can file a petition for rehearing or a motion for reconsideration for purposes of helping the judge understand how their decision might need to be corrected.  When this happens, and the judge’s “mistake” is corrected, filing an appeal becomes unnecessary.

In certain situations, it is mandatory to file a petition for rehearing.  If you fail to do so, you may very well waive your right to appeal.

Time is one of the primary considerations when it comes to filing a petition for rehearing, as the petition must be filed within fifteen days of the final order being rendered.  However, when it comes to a motion for reconsideration, which is applicable only to non-final orders, the motion can be filed at any time before the trial court enters a final order in the case.

Below are explanations of some of the most commonly asked questions and topics relating to rehearing and required findings:

What is a petition for rehearing of a Florida divorce or custody decision?

What is a motion for reconsideration in Florida?

How is a petition for rehearing different than a motion for reconsideration?

What are the deadlines for filing a petition for rehearing or motion for reconsideration in a divorce or child custody case?

Why should I care about filing a petition for rehearing or motion for reconsideration?

Do I need to file a petition for rehearing or motion for reconsideration if I know that I want to appeal the judge’s decision?

Should I file an appeal if the judge has not ruled on my motion for reconsideration as of the appellate deadline?

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Call (561) 810-0170 or click here for more information about scheduling a consultation and strategy session with the Florida Divorce & Appellate lawyers of Bruce Law Firm, P.A..  The firm’s practice is limited to divorce and family law and represents clients in all of Florida’s appellate courts under fixed-fee pricing arrangements with a money back guarantee.  The firm shares fees with referring attorneys pursuant to Florida Bar rules.  All information on this website is subject to this Legal Disclaimer.  Click West Palm Beach Divorce Lawyer for the firm’s other divorce and family law website.