In re: Amendments to Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530
On its own motion, the Florida Supreme Court amended Fla. R. Civ. P. 1.530(a) and Fla. Fam. L. R. P. 12.530(a) to add that "[t]o 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." The Court also added 2022 Court Commentary clarifying that the amendment does not, by negative implication, address any other situation in which a rehearing motion may be needed to preserve an issue. The amendments took effect immediately upon issuance, with a 75-day comment period.
Key facts
- The Florida Supreme Court, on its own motion, amended Fla. R. Civ. P. 1.530(a) and Fla. Fam. L. R. P. 12.530(a) to require parties to raise challenges to the sufficiency of a trial court's findings in a final judgment through a motion for rehearing in order to preserve such challenges for appeal.
- The Court added 2022 Commentary clarifying that the amendment does not address, by negative implication, any other situations in which a rehearing motion may be necessary to preserve issues for appellate review.
- +1 more key fact with a free trial
Why it matters
This is a mandatory practice change with immediate effect: any appellate argument that a final judgment (in civil or family cases) contains inadequate or missing findings is waived unless first raised in a timely rule… — full analysis with a trial
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