Are you involved with probate litigation or an estate trial Palm Beach? Has your petition been denied by a Florida circuit court? Do you need to file a motion for rehearing or an appeal? You may want to read Florida’s 5th District Court of Appeal’s opinion on when you can file a motion for rehearing. When does a motion for rehearing affect the time to file a notice of appeal in Florida trust and estates litigation? Probate litigators West Palm Beach know why this is important.
Motions for Rehearing
- Are you confused about motions for rehearing and final judgments in Florida probate litigation?
- Many colleagues are frustrated by the hard and fast Florida Appellate Rules.
- It is important to know WHEN you can file a motion for rehearing or a notice of appeal after a final judgment is granted.
- Florida Probate Rule 5.020(d) provides that a motion for rehearing must be served and filed within 10 days after the filing of the order or judgement with the clerk.
- Florida trust and estates litigators West Palm Beach know that it can be confusing as to whether a motion for rehearing suspends or tolls the 30 days to file a notice of appeal.
- What happens if you file an untimely motion for rehearing?
- Does this affect the appeal?
Tedder v Estate of Tedder
- Here, Tedder “appeals the order denying his petition for the subsequent administration of his deceased father’s estate”.
- His petition was denied on October 19,2015.
- He served and filed a motion for rehearing on November 2,2015.
- Here, Tedder had filed his motion for rehearing 13 days after the order denying subsequent administration was filed, instead of within 10 day as required by Florida Probate Rule 5.020(d).
- Does the circuit court still have jurisdiction to conduct a rehearing after the ten days have expired?
- On November 17, the court denied the motion for rehearing and on November 20, 2015, Tedder filed his notice of appeal.
- “Because Tedder’s untimely motion for rehearing did not toll the rendition of the October 20,2015 order denying subsequent administration, Tedder had until November 19,2015 to file his notice of appeal.”
- However, Tedder’s appeal was not filed until November 20,2015, which makes his appeal one day late.
- What does this mean?
- What happens when someone fails to file an appeal within the required timeframe?
- Does the 5th DCA lack jurisdiction?
Want to learn more?
Click here to read the entire case.
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