You’ve worked hard on your civil complaint and the bench trial in front of the judge has just ended with a verdict against you. Is the game over? Not necessarily. There are still two options. First is a Motion for Rehearing. The second is a Motion for Post Judgment Relief. Which one to use is a matter of timing!
Motion for Reconsideration
Before we begin, let’s talk about a Motion for Reconsideration. Attorneys even get Motion for Reconsideration and Motion for Rehearing confused. A Motion for Reconsideration applies to non-final orders. For example, if one party files a Motion to Strike a Pleading or a Motion to Require Opposing Counsel to Wear a Pink Tie, and the judge makes a ruling, this is a Non-Final Order. It is not the end of the case. A party can file a Motion for Reconsideration of that decision. The Motion for Rehearing and Motion for Post Judgment Relief both deal with Final Orders.
Motion for Rehearing
A Motion for Rehearing, under Florida Rules of Civil Procedures 1.530, must be filed (with the Court) and served (on all parties) within ten days of the Final Judgment. The Final Judgment is not when the judge hits the gavel, but when the judge files a written decision in the Court record. For ten days after the filing of the Final Judgment, the judge still has jurisdiction over the case and can allow a Rehearing.
A Rehearing is appropriate if there is additional evidence that needs to be submitted to the Court to aid the judge in their decision. The new evidence has to be relevant and material. As an example, a Rehearing is not appropriate if it is only to present evidence that the victim of a car accident was wearing a flowered dress instead of a red dress. If just is not material to the accident (unless it was one fantastic flowered dress). As another example, a Rehearing would be appropriate if the Court declared your property subject to Condominium Association rules (Florida Statutes 718) but you live in a house on ½ acre of land and definitely are subject to Homeowners Associations rules (Florida Statutes 720). That would be material for the judge to make an appropriate decision under Florida’s Marketable Record Title Act (MRTA).
Motion for Post Judgment Relief
What can you do after the ten day period has expired? Your option, outside of an appeal, is to file a Motion for Post Judgment Relief under Florida Rules of Civil Procedures 1.540. The Courts are reluctant to entertain a Motion for Post Judgment Relief because judicial decision must have finality to them. Cases cannot linger on and on. However, the Courts realize that sometimes there are situations where the Case should not be over. If there was a clerical mistake or if one of the parties committed fraud on the Court are just two instances where the Court should entertain a Motion for Post Judgment Relief.
The ability to provide new evidence or even clarifying evidence is limited under Rule 1.540. Clarifying evidence can be used if the Court made an obvious mistake. But this would generally be determined quickly and clarified under a Motion for Rehearing. Evidence can be submitted if that evidence was newly discovered which by due diligence could not have been discovered in time to move for a Rehearing. As an example, newly discovered evidence would be the suitcase full of cash the ex-husband was caught with the day after his divorce became final where he claimed to be broke.
Timing is Everything
Timing will determine whether you can file a Motion for Rehearing or a Motion for Post Judgment Relief. From the time the judge makes a decision in the civil trial until ten days after the written Final Judgment is filed, a party can file for a Motion for Rehearing. After that, a party is limited to filing a Motion for Post Judgment Relief. But post judgment relieve is limited in its scope.