When appealing a decision in Florida, the appellate process offers several options for parties to challenge or seek clarification on rulings. Three common motions filed in appellate cases are the motion for rehearing, motion for certification of conflict, and motion for written opinion. While each serves a different purpose, they are governed by specific rules and limitations. Understanding these requirements is crucial for any litigant seeking to pursue these avenues. If you have any questions about Florida appeals, appeal motions for rehearing, appeal motions for certification of conflict, and appeal motions for written opinion, please contact Bernhard Law Firm at www.bernhardlawfirm.com, abernhard@bernhardlawfirm.com, 786-871-3349.

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Motion for Rehearing: Strict Standards for Appeal

Under Florida Rule of Appellate Procedure 9.330(2)(B), a motion for rehearing is intended to bring to the court’s attention points of law or fact that the movant believes the court has “overlooked or misapprehended.” However, the rule clearly states that the movant must specifically identify these overlooked issues with particularity. The court will deny any motion for rehearing that does not meet this requirement. For instance, in Aquasol Condo. Ass’n, Inc. v. HSBC Bank USA, 376 So. 3d 58 (Fla. 3d DCA 2018), the court denied a motion for rehearing because the movant failed to follow the procedural requirements.

Importantly, the motion for rehearing cannot present new issues that were not raised during the original appeal. In other words, you cannot introduce arguments that were not previously part of your appellate briefs. For example, in Massey v. State, 760 So. 2d 956 (Fla. 3d DCA 2000), a motion was denied because the arguments made were not part of the initial appeal.

Moreover, a motion for rehearing is not the place for a party to re-argue issues that the court has already considered and rejected. A failure to provide new information or arguments will result in the motion’s denial. The purpose of this motion is not to relitigate the case but to correct clear oversights or misapprehensions.

Motion for Certification of Conflict: What Constitutes a Valid Conflict?

A motion for certification of conflict under Florida Rule of Appellate Procedure 9.330(2)(C) allows a party to seek a determination of whether the appellate court’s decision conflicts with another appellate decision. To succeed, the movant must show that the decision expressly and directly conflicts with another case’s ruling or addresses a matter of great public importance requiring constitutional review.

For certification to be granted, there must be a clear “express and direct conflict” between the decisions. This means there must be a conflicting rule of law or an application of a law that leads to a different outcome, despite similar facts. A mere disagreement or misapplication of prior decisions is not sufficient for conflict certification. For example, in Askew v. Fla. Dep’t of Children and Families, 385 So. 3d 1034 (Fla. 2024), the Florida Supreme Court held that an alleged misapplication of a prior decision was insufficient to trigger conflict jurisdiction.

Additionally, the Florida courts stress that the conflict must be substantial and not simply a matter of distinguishable facts. As stated in Askew, “there must be a real, live, and vital conflict” to justify conflict certification.

Motion for Written Opinion: When is a Written Opinion Necessary?

Under Florida Rule of Appellate Procedure 9.330(2)(D), a motion for written opinion can be filed when a party believes that a written opinion would clarify important legal issues. The motion must demonstrate one of the following justifications for issuing a written opinion:

1. The decision provides a legitimate basis for Florida Supreme Court review.
2. It explains an apparent deviation from prior precedent.
3. The decision addresses an issue of widespread importance, such as one that recurs in multiple cases or involves conflicting lower tribunal decisions.

However, the court is under no obligation to issue a written opinion simply because a party requests it. As established in Whipple v. State, 431 So. 2d 1011 (Fla. 2d DCA 1983), a motion for written opinion may be denied if it merely seeks to refute the movant’s arguments without providing a significant legal benefit to the court or the legal community.

In fact, the Florida Supreme Court has long emphasized that appellate courts have the discretion to decide whether a written opinion is necessary, and it cannot compel a district court to issue one. As stated in R.J. Reynolds Tobacco Co. v. Kenyon, 882 So. 2d 986 (Fla. 2004), the Florida Supreme Court lacks jurisdiction to review or compel written opinions from district courts.

Key Takeaways

The rules governing motions for rehearing, certification of conflict, and written opinions in Florida are designed to ensure that only valid legal challenges are pursued in the appellate process. Each motion has strict requirements that must be met to be considered by the court:

• A motion for rehearing must highlight specific overlooked points of law or fact, not new arguments or issues.
• A motion for certification of conflict must demonstrate a clear and substantial conflict with another decision.
• A motion for written opinion must provide a compelling reason why a written opinion would serve legal clarity or assist future cases.

Failure to comply with the rules or meet the required standards can result in the denial of the motion. Litigants seeking to use these motions should carefully consider whether their case meets the necessary criteria before filing to avoid unnecessary delays or dismissals.

If you are considering filing one of these motions, it’s important to consult with an experienced appellate attorney who can help craft a motion that adheres to the Florida Rules of Appellate Procedure and gives you the best chance for success.

If you have any questions about Florida appeals, appeal motions for rehearing, appeal motions for certification of conflict, and appeal motions for written opinion, please contact Bernhard Law Firm at www.bernhardlawfirm.com, abernhard@bernhardlawfirm.com, 786-871-3349.