• Tuesday, September 27, 2022

NEWS

New Decisions: Rule Changes
August 30, 2022

The Supreme Court of Florida issued a rule changes Friday that deserves immediate attention of litigators.

First, effective immediately, meaning it will apply to cases that litigation in progress Rule of Civil Procedure 1.530(a) and Family Law Rule 12.530(a) are amended to add:

“To preserve for appeal a challenge to the sufficiency of a trial court’s findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule.”

The Court’s Commentary explains:

“The amendment to subdivision (a) does not address or affect, by negative implication, any other instance in which a motion for rehearing is or might be necessary to preserve an issue for appellate review.”

The opinion did not address what types of final judgments are targeted, but final summary judgments come to mind.

These rule changes were not generated with Bar input, either from rules committees or from the Board of Governors. Thus, if members desire to comment to the Court, a 75 day comment window, expiring November 8, 2022, was created.

Here is a link to the opinion with the rule change as an appendix.

https://www.floridasupremecourt.org/pre_opinion_content_download/846193

Second, in a separate decision, the Court announced changes to Florida Rules of Civil Procedure 1.530 (Motions for New Trial and Rehearing; Amendments of Judgments) and 1.535 (Remittitur and Additur), providing that the timing for a motion for n new trial or to alter or to amend a judgment must be filed not later than: 15 days after the date of filing of the judgment.

https://www.floridasupremecourt.org/pre_opinion_content_download/846191

These changes for this later rule are effective October 1, 2022, at 12:01 a.m.

Michael J. Gelfand

Past Chair

Real Property, Probate and Trust Law Section

of The Florida Bar

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Note: This article is not legal advice. Statements and comments made are not those of The Florida Bar or the RPPTL Section

© 2022 Michael J. Gelfand

Michael J. Gelfand

Florida Bar Board Certified Real Estate Attorney

Florida Supreme Court Certified Mediator:

Civil Circuit Court & Civil County Court

Fellow, American College of Real Estate Attorneys