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For example, if a new opinion, resulting from a first rehearing motion, changes the original opinion, then a party may file a second rehearing motion to discuss that change. This Chapter describes the basics of how and when to begin the post-decision motion process. Similarly, more than one motion for rehearing en banc is generally not allowed.
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A party is also limited to filing only one motion for certification. This also means a motion for rehearing and/or clarification should raise and explain all of the reasons the party is asking the court for rehearing and/or clarification. This means that if a party wants to request both rehearing and clarification, he or she should do so in the same motion. a motion for a written opinion, if there wasn’t one and the party believes it would provide a valid basis for review by the Florida Supreme Court Ī party is generally limited to one post-decision motion for rehearing or clarification, and one motion for certification.These motions are listed in Florida Rules of Appellate Procedure 9.330 and 9.331. Unless the case is in the Florida Supreme Court, there are generally five post-decision motions that a party may be able to use. If a party files a post-decision motion, then the other party is generally allowed 10 days to serve a response in which he or she can explain to the appellate court why its decision or opinion should stand and why the other party’s post-decision motion should be denied. Ordinarily, no further reply to such a response is permitted by the party that originally filed the post-decision motion, unless the appellate court orders it. However, an order of the Florida Supreme Court that grants or denies discretionary review under Florida Rule of Appellate Procedure 9.120 ordinarily cannot be challenged by a rehearing or other motion.Ī party who wants to file a motion for rehearing, clarification, certification, written opinion, or rehearing en banc generally must do so within 15 days of the appellate decision or order. See Florida Rules of Appellate Procedure 9.330 and 9.331.Ī party who is unhappy with an appellate court’s decision or order can usually file a motion for rehearing and/or a motion for clarification, as long as certain requirements are met. Motions for rehearing, clarification, certification, written opinion, and rehearing en banc are the main types of post-decision motions. In some cases, the losing party may also have the right to seek further review of a written opinion by a higher court through a request for “certification.” In very rare cases, a party may be able to ask for “rehearing en banc,” meaning rehearing by all of the judges on that appellate court, not just the judges that decided the case. In a civil case, after the appellate court issues its opinion or decision, the losing party may have the right to ask the appellate court for rehearing or clarification of the court’s decision. Also, if the decision was “per curiam” without a written opinion, the losing party may, in limited circumstances, be able to ask the court to write an opinion. Such an order, which only affirms (or reverses) the decision of the lower tribunal without explaining the appellate court’s reasoning, is known as a per curiam affirmance (or “PCA”), or a “per curiam” reversal (or “PCR”). Once an appellate court makes a decision, it will issue a written ruling, also known as the court’s “ opinion” or “decision.” The appellate court’s ruling may be written in a “published opinion,” which explains the reasons for the appellate court’s decision, or it may be written only as an order, which affirms the decision of the lower tribunal without explanation.