In Re: Amendments to Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530 ( 2022 )

Supreme Court of Florida
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No. SC22-756
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IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL
PROCEDURE 1.530 AND FLORIDA FAMILY LAW RULE OF
PROCEDURE 12.530.
August 25, 2022
PER CURIAM.
On its own motion, the Court amends Florida Rule of Civil
Procedure 1.530 (Motions for New Trial and Rehearing;
Amendments of Judgments) and Florida Family Law Rule of
Procedure 12.530 (Motions for New Trial and Rehearing;
Amendments of Judgments). We have jurisdiction. See art. V,
§ 2(a), Fla. Const.; Fla. R. Gen. Prac. & Jud. Admin. 2.140(d).
We have determined that amendments to these rules are
necessary to clarify that filing a motion for rehearing is required to
preserve an objection to insufficient trial court findings in a final
judgment order. Thus, the following sentence is added to rules
1.530(a) and 12.530(a): “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.”
Additionally, we add the following Court Commentary to both rules:
“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.”
Accordingly, we amend the Florida Rules of Civil Procedure
and Florida Family Law Rules of Procedure as reflected in the
appendix to this opinion. New language is indicated by
underscoring. The amendments shall become effective immediately
upon the issuance of this opinion. Because the amendments were
not published for comment previously, interested persons shall
have seventy-five days from the date of this opinion in which to file
comments with the Court. 1
1. All comments must be filed with the Court on or before
November 8, 2022, as well as a separate request for oral argument
if the person filing the comment wishes to participate in oral
argument, which may be scheduled in this case. If filed by an
attorney in good standing with The Florida Bar, the comment must
be electronically filed via the Florida Courts E-Filing Portal (Portal)
in accordance with In re Electronic Filing in the Supreme Court of
Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No.
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It is so ordered.
MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, LAWSON,
COURIEL, and GROSSHANS, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Civil Procedure and Florida
Family Law Rules of Procedure
AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not
licensed to practice in Florida, the comment may be, but is not
required to be, filed via the Portal. See In re Electronic Filing in the
Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9,
2017). Any person unable to submit a comment electronically must
mail or hand-deliver the originally signed comment to the Florida
Supreme Court, Office of the Clerk, 500 South Duval Street,
Tallahassee, Florida 32399-1927; no additional copies are required
or will be accepted.
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APPENDIX
FLORIDA RULES OF CIVIL PROCEDURE
RULE 1.530. MOTIONS FOR NEW TRIAL AND REHEARING;
AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions. A new trial may be granted
to all or any of the parties and on all or a part of the issues. 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. On a motion for a rehearing of
matters heard without a jury, including summary judgments, the
court may open the judgment if one has been entered, take
additional testimony, and enter a new judgment.
(b) – (g) [NO CHANGE]
Committee Notes
[NO CHANGE]
Court Commentary
1984 Amendment. [NO CHANGE]
2022 Amendments. 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.
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FLORIDA FAMILY LAW RULES OF PROCEDURE
RULE 12.530. MOTIONS FOR NEW TRIAL AND REHEARING;
AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions. A new trial or rehearing
may be granted to all or any of the parties and on all or a part of the
issues. 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. On a motion for a
rehearing of matters heard without a jury, including summary
judgments, the court may open the judgment if one has been
entered, take additional testimony, and enter a new judgment.
(b) – (h) [NO CHANGE]
Court Commentary
2022 Amendments. 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.
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