FLORIDA RULES OF CIVIL PROCEDURE

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Fla.R.Civ.P. 1.530(a) Subject to an Abuse of Discretion Standard

Fla.R.Civ.P. 1.530(a) provides for a motion for rehearing on a summary judgment to allow the Court to take additional evidenced and enter a new judgment.  While the Court has broad discretion in ruling upon a Motion for Rehearing, it is subject to an abuse of discretion standard.

The First District Court of Appeal reversed and remanded a Summary Judgment entered when the appellant’s attorney failed to appear at hearing, and appellant provided an affidavit provided with the motion for rehearing raised genuine issues of material fact.

1.530 may be read at:  https://coxlawflorida.com/florida-rules-of-civil-procedure/rule-1-530-motions-for-new-trial-and-rehearing-amendments-of-judgments/

The case may be found at: https://edca.1dca.org/DCADocs/2015/0959/150959_DC13_11092015_112003_i.pdf

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