Legal Memorandum: Standard for Rehearing of a Motion in FL

Issue: Under Florida law, what is the legal standard applied on rehearing of a motion seeking involuntary dismissal for failure to prosecute?

Area of Law: Litigation & Procedure
Keywords: Rehearing of a motion; Involuntary dismissal for failure to prosecute; Legal standard
Jurisdiction: Florida
Cited Cases: 920 So. 2d 16; 107 So. 3d 1149
Cited Statutes: Rule 1.530(a) of the Florida Rules of Civil Procedure
Date: 06/01/2015

Rule 1.530(a) of the Florida Rules of Civil Procedure provides that a court may grant a rehearing and enter a new judgment. The purpose of Rule 1.530 is “to give the trial court an opportunity to consider matters which it overlooked or failed to consider.” Balmoral Condo. Ass’n v. Grimaldi, 107 So. 3d 1149, 1151 (Fla. 3d DCA 2013) (quoting Carollo v. Carollo, 920 So. 2d 16, 19 (Fla. 3d DCA (2004)) (emphasis added). “[A] rehearing is a second consideration of a cause for the sole purpose of calling to the attention of the court any error, omission, or oversight that may have been committed in the first consideration. Upon the timely filing of a petition for rehearing, the court may reopen the case and reconsider any or all of the provisions of its final decree.” Id. (quoting Langer v. Aerovias, S.A., 584 So. 2d 175, 176 (Fla. 3d DCA 1991)) (emphasis added). The grounds for rehearing include that the final order conflicts with existing law or is simply wrong on the merits. Id.


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