The Florida Supreme Court Clarifies the Importance of a Motion for Rehearing When Challenging a Trial Court’s Findings

In the end of August 2022, the Florida Supreme Court, acting on its own motion, has amended Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530. See In re Amendments to Fla. Rule of Civil Proc. 1.530, 47 Fla. L. Weekly S204 (Fla. August 25, 2022).  These amendments add a sentence to Fla. R. Civ. P. 1.530(a) and Fla. Fam. L. R. Proc 12.530(a), which states: “To preserve for appeal a challenge to the sufficiency of a trial court’s findings in the final judgment, a party must raise the issue in a motion for rehearing under this rule.” In re Amendments to Fla. Rule of Civil Proc. 1.530, 47 Fla. L. Weekly S204 (Fla. August 25, 2022).     

Accordingly, these amendments make it clear “that filing a motion for rehearing is required to preserve an objection to insufficient trial court findings in a final judgment order.” In re Amendments to Fla. Rule of Civil Proc. 1.530, 47 Fla. L. Weekly S204 (Fla. August 25, 2022).   These amendments do not change any other instance in which a motion for rehearing is or might be necessary to preserve an issue for appellate review. In re Amendments to Fla. Rule of Civil Proc. 1.530, 47 Fla. L. Weekly S204 (Fla. August 25, 2022).

These amendments took effect immediately, however, due to these revisions not being published for comment previously, interested persons have been given 75 days, until November 8, 2022 to file comments with the Court.