Bad Court Order But No Right to Appeal? Have You Considered a Motion for Rehearing?

Do you know what the final order rule for appeals is?  Experienced Palm Beach probate litigators know that some bad decisions are not appealable. Are you out of luck? Have you considered your non-appeal review options? You may want to consider filing a motion forrehearing.

Non-Final Appeal Rule

• Traditionally appeals courts have limited jurisdiction.
• There are some limited exceptions such as class certifications and rulings related topersonal jurisdiction and injunctions.
• But what about everything else?
• Has a personal representative of a West Palm Beach estate been named and you do not trust him or her?
• You may want to consider a motion for a rehearing.
• Do you know how to file a motion for rehearing and when it is proper?

Motion for Rehearing

• A motion for rehearing is not the same thing as an appeal?
• Do you know the difference?
• An appeal goes to a different court.
• Who hears the motion?
• The same judge who denied your original cause, so you will still have to convince him or her that you have meritorious points does a rehearing.
• If you curious about the rules on a motion for rehearing, check out Florida Rules of Civil Procedure, specifically 1.530.
• Make sure that you have a new or better argument!

Lopez v. Lopez

• This was an appeal from the Fourth District Court of Appeals.
• A Father in a marriage dissolution action filed for an order establishing child custody and visitation.
• The trial court rendered a non final (i.e. not appealable) order regarding timesharing and the Father wanted them to reconsider it.
• Unfortunately his motion for reconsideration was not viewed kindly and he was forced to spend the money on an appeal.
• Do you think you can avoid an appeal by having a rehearing?

Want to learn more about motions for rehearing in West Palm Beach?

Check out the entire case by clicking here.