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

• Court: Supreme Court of Florida
• Decided: April 27, 2023
• Docket: SC2022-0756
• Status: Published

Opinion

Supreme Court of Florida ____________

No. SC2022-0756 ____________

IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.530 AND FLORIDA FAMILY LAW RULE OF PROCEDURE 12.530.

April 27, 2023

PER CURIAM.

Previously in this case and on our own motion, we amended

Florida Rule of Civil Procedure 1.530 (Motions for New Trial and

Rehearing; Amendments of Judgments; Remittitur or Additur) and

Florida Family Law Rule of Procedure 12.530 (Motions for New Trial

and Rehearing; Amendments of Judgments) to clarify that filing a

motion for rehearing is required to preserve an objection to

insufficient trial court findings in a final judgment order. 1 In re

Amendments to Fla. Rule of Civil Procedure 1.530 and Fla. Family

Law Rule of Procedure 12.530, 346 So. 3d 1161 (Fla. 2022).

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Gen. Prac. & Jud. Admin. 2.140(d). Because the amendments were not published for comment prior to

their adoption, we gave interested parties 75 days in which to file

comments on the amendments. Four comments were received.

Having considered the comments filed, we further amend rules

1.530 and 12.530 by replacing “sufficiency of a trial court’s findings

in the final judgment” in subdivision (a) (Jury and Non-Jury

Actions) of both rules with “failure of the trial court to make

required findings of fact.” This change makes both rules applicable

to all orders, not just final judgments, and makes clear that the

rules apply only when a judge is required to make specific findings

of fact and not when a party seeks to make other challenges to a

trial court’s order.

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 and deleted language is indicated by struck-through

type. The amendments shall become effective immediately upon the

release of this opinion.

It is so ordered.

-2- MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, and FRANCIS, 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

Landis V. Curry III, Chair, Civil Procedure Rules Committee, Tampa, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Heather Savage Telfer, Bar Liaison, The Florida Bar, Tallahassee, Florida; Dennis W. Moore, Interim Executive Director, and Sara Elizabeth Goldfarb, Statewide Director of Appeals, on behalf of the Statewide Guardian ad Litem Office, Tallahassee, Florida; Ariadne FitzGerald, Lyndsey E. Siara, Jennifer Latta, Melissa Anne Foss, Miranda Margolis, and Christian Mairena, Tampa, Florida; and Yosef Kudan of Stok Kon + Braverman, Fort Lauderdale, Florida,

Responding with comments

-3- APPENDIX

FLORIDA RULES OF CIVIL PROCEDURE

RULE 1.530. MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS; REMITTITUR OR ADDITUR

(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 judgmentfailure of the trial court to make required findings of fact, 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]

Committee Notes [NO CHANGE] Court Commentary [NO CHANGE]

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 judgmentfailure of the trial court to make required findings of fact, 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

-4- court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.

Court Commentary

[NO CHANGE]

-5-