Legal Question in Appeals and Writs in Florida

Hello:

I just received a desicion from the appeals court and at the top it directly states " not final until time expires to file rehearing motion and , if filed, determined" what do this mean? Do l know have to file a motion to be heard in the lower court? It also states at the end of the desicion Affirmed in part, revcersed in part and remanded.

I am representing myself.

How much time do l have to file?

Thank you


Asked on 8/21/10, 4:18 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

It means that if either side files a motion for rehearing, the motion for rehearing must be determined before the order of the appeals court is final. If you are not satisfied with the results of the court of appeals, you may file a motion for rehearing. The court may or may not grant that motion. If the court grants the motion, then it must complete the rehearing, and make a final determination. At that point, the lower court will have its order and instructions as to how to reconsider your case. You do not have to file a motion to have your case heard in the lower court, the court of appeals has already instructed it to do this by remanding.

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Answered on 8/29/10, 6:17 am


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