Fl Motion Florida For Rehearing

State:
Florida
Control #:
FL-01900BG
Format:
Word
Instant download

Description

Rule 1.510 of the Florida Rules of Civil Procedure provides in part:
A party seeking to recover upon a claim may move for a summary judgment in that party's favor with or without supporting affidavits at any time after the expiration of 20 days from the commencement of the action. The motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence on which the movant relies. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.

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FAQ

An ?authorized and timely filed? motion for rehearing (and certain other motions) from a FINAL order DOES toll the time to file a notice of appeal.

On a motion for a rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment. Fla. R.

A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action. A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined.

A motion for rehearing after entry of a judgment is available for the purpose of asserting newly discovered evidence. However, to qualify as newly discovered evidence it must be something that could not, with the exercise of due diligence, have been discovered prior to trial.

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Fl Motion Florida For Rehearing