What is a Motion for Clarification? Third DCA Case.

Have you received an unclear opinion from a District Court of Appeal?   Did you know that you might be able tomotion for clarification? Check out what happened in a case out of the Fourth District Court of Appeal to learn more.

Motion for Clarification

• If you get a decision that you feels is contrary to established law you may have grounds to appeal the order.
• Palm Beach probate litigators know that sometimes an appeal is not successful or worse the opinion is unclear.
• Do you know what a motion for clarification is?
• According to the Florida Rules of Appellate Procedure 9.330 within 15 days of an order or within such other time set by the court a party may file such a motion.
• Do you know what the motion requires you to state?
• According to the rule you will have to set out with particularity the points of law or fact that, in the opinion of you [the movant] the court has overlooked or misapprehended in its decision.
• Did you know you can’t raise new issues?
• Those have to be raised in the original Palm Beach notice of appeal.
• Is your attorney prepared to file a notice of appeal or a motion for clarification if necessary?
• Do you know where to find the Florida Appellate Rules of Procedure?

B.K., a father v. Dept. of Children and Families

• The court recently granted a motion for clarification and substituted a new opinion in the place of the original in the case of B.K. v. Dept of Children and Families.
• A father appealed the trial court’s final judgment terminating his parental rights to his daughter.
• The court upheld the decision but remanded for a clear trial court order.
• Do you agree with the result?
• Palm Beach probate litigators know that when an order appears unfair time is of the essence to file a motion for clarification.

Want to learn even more?

Check out the entire case by clicking here.