Law and Rights
- Rv Park Demands More Naked Time For Resident
Okay, now for some "odd" Rv park news today, let's turn to Florida, Paradise Pines, and Brandon Barger, whose reckless and inconsiderate conduct (or lack of it) is about to get him kicked out of the park apparently. Paradise Pines is a unique Rv...
- Gm Predicted To File Bankruptcy Any Day
As of late afternoon on May 26, 2009, sources involved with the GM restructuring are saying it's all but over with. GM had to get 90% of its bondholders to accept its "debt for equity" swap to avoid filing the largest ever industrial bankruptcy in...
- Free At Last? Detention, The European Arrest Warrant And Julian Assange
Steve Peers ?Bianca Jagger is here!? I had just arrived at a meeting in the House of Lords, to give a talk on the European Arrest Warrant (EAW) and human rights. I thought that having the famous human rights activist in the audience when I spoke would...
- Waste And Dissipation Claims: Is There A Statute Of Limitations?
In a divorce proceeding, clients often ask how far back the Court will look when assessing whether a party engaged in waste or dissipation of marital assets. Equitable distribution of marital assets is governed by section 61.075, Florida Statutes. Under...
- Coalition In Crisis
According to an article in the Daily Mail 25th July, the coalition government is now in crisis over the latest Gross Domestic Product (GDP) announcement. It is said that the coalition is turning to "in fighting." In previous Parliaments, the...
Law and Rights
What is the Deadline for Filing a Motion for Rehearing or New Trial under the Florida Rules of Civil Procedure?
When you practice law for a long time, you get comfortable with the rules. Many attorneys do not consult their rule books frequently. Some lawyers don't buy a new copy of the Florida Rules of Civil Procedure.
When the rules of procedure change, there is typically little fanfare. The Florida Supreme Court amends the rules by publishing an opinion of the court. On certain occasions, such as the implementation of new rules concerning electronic discovery, the implementation of email service, or the advent of electronic filing, there are articles, updates, or talk among lawyers.
One of the most rigid deadlines in the law is the deadline for filing a motion for rehearing or new trial. See, e.g., Migliore v. Migliore, 717 So. 2d 1077 (Fla. 4th DCA 1998) (holding that that the attorney missed the deadline where he timely filed the motion but the postmark suggested that it was actually served after the 10-day deadline). This deadline is also important because filing a timely motion for rehearing or new trial also tolls the deadline for filing a notice of appeal.
On January 1, 2014, Florida Rule of Civil Procedure 1.530 was amended to extend the time for seeking rehearing or a new trial. The deadline for serving the motion was increased from 10 days to 15 days. This is a very significant move, as the deadline had been 10 days since the rule was first adopted. And, the time limit in this rule had been relatively short and not subject to extension.
The Florida Family Law Rules of Procedure were also amended to incorporate Rule 1.530's new 15-day deadlines.
For an interesting discussion regarding the difference between a motion for rehearing and a motion for reconsideration, please look at this Florida Bar article.
The Florida Family Law Rules of Procedure were also amended to incorporate Rule 1.530's new 15-day deadlines.
For an interesting discussion regarding the difference between a motion for rehearing and a motion for reconsideration, please look at this Florida Bar article.
- Rv Park Demands More Naked Time For Resident
Okay, now for some "odd" Rv park news today, let's turn to Florida, Paradise Pines, and Brandon Barger, whose reckless and inconsiderate conduct (or lack of it) is about to get him kicked out of the park apparently. Paradise Pines is a unique Rv...
- Gm Predicted To File Bankruptcy Any Day
As of late afternoon on May 26, 2009, sources involved with the GM restructuring are saying it's all but over with. GM had to get 90% of its bondholders to accept its "debt for equity" swap to avoid filing the largest ever industrial bankruptcy in...
- Free At Last? Detention, The European Arrest Warrant And Julian Assange
Steve Peers ?Bianca Jagger is here!? I had just arrived at a meeting in the House of Lords, to give a talk on the European Arrest Warrant (EAW) and human rights. I thought that having the famous human rights activist in the audience when I spoke would...
- Waste And Dissipation Claims: Is There A Statute Of Limitations?
In a divorce proceeding, clients often ask how far back the Court will look when assessing whether a party engaged in waste or dissipation of marital assets. Equitable distribution of marital assets is governed by section 61.075, Florida Statutes. Under...
- Coalition In Crisis
According to an article in the Daily Mail 25th July, the coalition government is now in crisis over the latest Gross Domestic Product (GDP) announcement. It is said that the coalition is turning to "in fighting." In previous Parliaments, the...