Wade Clark Mulcahy LLP

<p style="text-align: justify;">Effective immediately, “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.” <em>In Re: Amendments to Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure</em> 12.530, 47 Fla. L. Weekly S 204, 2022 Fla. LEXIS 1294 *, 2022 WL 3650789 (Fla. SC22-756 August 25, 2022).</p>
<p style="text-align: justify;">Prior to this amendment, some appellate courts in Florida held that to preserve appellate review of the sufficiency of a trial court’s findings in a final order or judgment, an appellant must challenge those findings by motion for rehearing. Others held that a motion for rehearing was unnecessary. With the recent amendment to Florida Rule of Civil Procedure 1.530, litigants statewide must now take an extra step in the trial court to preserve for appellate review challenges to the sufficiency of the trial court’s findings in final orders and judgments; they must timely challenge those findings by motion for rehearing.</p>
<p style="text-align: justify;">Be careful: noncompliance with new Rule 1.530(a) has serious consequences. In the absence of a timely filed motion for rehearing, appellate challenges to a trial court’s findings in a final order or judgment will likely be deemed abandoned.</p>
Thanks to Charles "Chip" George for his contribution to this post. Please reach out to <a href="mailto:Cgeorge@wcmlaw.com">Chip</a> with any questions.